Terms of Service

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.

  1. ACCEPTANCE OF TERMS

Welcome to iluvcolors.com (the “Site”), a website of Tiffani’s Luxury Hair Company,” (‘Tiffani’s Luxury Hair Company,” “our,” “we,” “us”). This Terms of Use Agreement (the “Agreement”) is entered into by and between you and Tiffani’s Luxury Hair Company,”. Together with any documents expressly incorporated by reference herein, this Agreement governs your use of the Site including, without limitation, any and all functionality, content such as text, information, images, video, audio, software, materials, and the design, selection, and arrangement thereof (collectively, the “Content”), and Services (as defined in Section 3) made available to you or by you through this Site, whether as a guest or Registered User (as defined in Section 2), by Tiffani’s Luxury Hair Company,” and/or third parties at any time.

If in any case that any of the terms, conditions and notices contained within this document conflict with other terms and guidelines contained within the Site, then these terms shall control. By using the Site, you agree to be bound by the Agreement, our Privacy Policy, our Terms of Sale, our SMS/MMS Mobile Messaging Marketing Program Terms and Conditions, and any supplementary terms, guidelines, or rules applicable to particular Content or Services, including, but not limited to a particular feature, contest, sweepstakes, or any other offer which may appear on the Site, incorporated herein by reference, represent and warrant that you have the legal authority to accept this Agreement and are either at least eighteen (18) years old, or a parent or legal guardian of a user that is under the age of eighteen (18) years old and legally responsible for such minor user’s use of the Site.

If you do not meet these requirements or agree with the Agreement, you are not authorized to access or use the Site.

  1. ACCESS TO AND USE OF THE SITE

Access to certain portions of this Site may require you to provide username and password information, or other registration details (the “Registered User(s)”). Certain other Content or Services on the Site may require additional identification or passwords. You agree that all information you provide on the Site is correct, current, and complete, and subject to our Privacy Policy. You further consent to all actions we take with respect to your information in compliance with our Privacy Policy. The Site username and password (collectively, “ID”) are for the use of the individual Registered User only and are not transferable. Any user who obtains an ID by any means other than that user’s own registration as a Registered User is not authorized to use that ID, and Tiffani’s Luxury Hair Company,” requests that such user notify Tiffani’s Luxury Hair Company of the improperly disclosed ID, in accordance with one of the methods specified in Section 14 of this Agreement. Registered Users are solely responsible for maintaining the strict confidentiality of their IDs by not allowing another person to use their IDs to access the Site, for any damages or losses that may be incurred or suffered as a result of their failure to maintain the strict confidentiality of their IDs, and for promptly informing Tiffani’s Luxury Hair Company in writing, in accordance with Section 14 of this Agreement, of any unauthorized use of their IDs or any other suspected or actual breach of security.

Tiffani’s Luxury Hair Company is not liable for any harm related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to use your ID. Tiffani’s Luxury Hair Company,” reserves the right to disable any ID or other identifier, or cancel a Registered User’s registration account, or other remedies, at any time in our sole discretion for any or no reason, including if you have violated any provisions of this Agreement.

Use of the Site and use of your ID is voluntary. You may choose not to use the Site and you may choose not to use your ID. You may cancel your ID at any time by contacting us, in accordance with Section 14 of this Agreement.

  1. CONTENT AND SERVICES

Tiffani’s Luxury Hair Company may provide certain Content and services on this Site that we may remove, change, or update from time to time, at our sole discretion without notice, and without liability (the “Services”). Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content. Tiffani’s Luxury Hair Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We may restrict access or discontinue availability to some parts of the Site, or the entire Site, to anyone at any time without notice.

The ability to post Content may be provided to allow users and/or Registered Users to share ideas and information of interest. You are responsible for all Content that you upload, post, email or otherwise transmit using the Site. Tiffani’s Luxury Hair Company,” cannot and does not take responsibility for the Content posted or transmitted by users and Registered Users. By using this Site, you understand and agree that by providing you with the ability to view and distribute user-generated Content on this Site, Tiffani’s Luxury Hair Company,” is acting as a conduit for distribution and is not willing and is unable to assume any liability or obligation relating to any Content or activity on this Site. Tiffani’s Luxury Hair Company,” may, but is not obligated, to monitor or review any areas on the Site in which users can communicate solely with each other or where users may transmit information to each other, including but not limited to chat rooms, blogs, bulletin boards, or other user forums and the Content of any communication. Tiffani’s Luxury Hair Company,” will have no liability related to the Content of any such communication regardless of any laws concerning copyright, libel, privacy, obscenity, trademarks, or other applicable law.

The Site is designed to be used by adults and in the event that a minor should access or use the Site, they must do so in conjunction with a parent or legal guardian (the “Parent”). In all cases, the Parent shall have ultimate control over the minor’s access and use of the Site. Tiffani’s Luxury Hair Company,” does not filter advertisements or other content that minors may view through our Site or linked websites, and they may receive information and materials from the internet or advertising that are inappropriate for minors. Tiffani’s Luxury Hair Company,” encourages Parents to utilize an electronic filtering software and/or to monitor their minors online.

Users and Registered Users are advised to use their best judgment when choosing to participate in any information sharing activity. Any disclosures made through the Site should only be made after reviewing and agreeing to the Privacy Policy. If any posted Content appears to be inappropriate, objectionable, or obscene for display on this Site for any reason, you are encouraged to contact us to request removal of such Content via our contact us page or one of the methods provided in Section 14 of this Agreement. Tiffani’s Luxury Hair Company,” reserves the right to review, edit, or delete any material deemed inappropriate, including information and links provided by advertisers and third parties.

  1. INTELLECTUAL PROPERTY RIGHTS

You are responsible for respecting Tiffani’s Luxury Hair Company’s and third parties’ rights with respect to Content that appears on the Site and for not downloading, emailing or otherwise transmitting such Content in violation of Tiffani’s Luxury Hair Company’s and third parties’ rights. The Site and its entire Contents, features, and functionality (including, but not limited to, all copyrights, trademarks, service marks, trade secrets and patents) are the property of Tiffani’s Luxury Hair Company’s or other owners that/who have granted rights or licenses of use to such intellectual property, unless indicated otherwise, and are protected by the United States Copyright Act of 1976, as amended, the copyright laws of other countries and other applicable United States and international trademark, patent, trade secret, or other intellectual property or proprietary rights laws.

The Site and its Content may not be copied, reproduced, republished, uploaded, posted, transmitted, stored, altered, modified, displayed, performed, transferred, licensed, downloaded, or distributed in any way without our prior written permission, except that, subject to your compliance with this Agreement, Tiffani’s Luxury Hair Company authorizes you to download a single copy of a reasonable number of pages of the Site for your personal, non-commercial use, and not for further modification, reproduction, publication, or distribution, provided that you keep intact all copyright, trademark, and other proprietary notices. No right, title, or interest in or to the Site or its Contents is transferred to you, and all rights not expressly granted are reserved by Tiffani’s Luxury Hair Company. Modification or use of the Content for any other purpose not expressly permitted by this Agreement is a breach of this Agreement and is a violation of the rights of Tiffani’s Luxury Hair Company or third parties. 

If you print, copy, modify, download, or otherwise use, access, or provide any other person with access to any part of the Site in breach of this Agreement, your right to use the Site ceases immediately and you must, at our election, return or destroy any copies of the Content you have made.

Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Tiffani’s Luxury Hair Company’s designated agent for notice of alleged copyright infringement in connection with the Site is as follows:

Tiffani’s Luxury Hair Company

TiffanisLuxuryHairCompany@gmail.com

To file a notice of infringement with Tiffani’s Luxury Hair Company, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://www.copyright.gov.

Data. From time to time, you may provide us with information, including, without limitation, Account Information (as defined in the Privacy Policy), Personal Information (as defined in the Privacy Policy), suggestions, ideas and/or any other Content (collectively, “Data”). You hereby grant to Tiffani’s Luxury Hair Company, and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a nonexclusive license to the Data for providing the Content and Services, for operating the Site and for other purposes permitted by this Agreement. Tiffani’s Luxury Hair Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns will be free to copy, modify, display, disclose, distribute, incorporate and otherwise use the Data, and any other information embodied therein including but limited to information we may collect from you for any and all commercial and noncommercial purposes.

Posting Information. By posting or submitting Content to or through the Site you represent that such Content will not infringe on any personal or proprietary rights of any third parties and that you own, control, or first have the express consent of the owner of all necessary rights in and to such Content and have the right to grant the license above to Tiffani’s Luxury Hair Company and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. Further, you authorize Tiffani’s Luxury Hair Company’s use of such material in any manner or medium. Also, you understand and acknowledge that you are responsible, and not Tiffani’s Luxury Hair Company, for all Content shared by you to or through the Site, including its legality, reliability, accuracy, and appropriateness.

  1. ACCOUNT INFORMATION FROM THIRD PARTIES

Some of your Account Information may be stored by third parties, such as your bank or another third-party payment processor. You hereby authorize Tiffani’s Luxury Hair Company to access your Account information that is maintained by identified third parties on your behalf as your agent to fulfill your participation in the Site.

Tiffani’s Luxury Hair Company will, as applicable, submit information that you provide to Tiffani’s Luxury Hair Company to the applicable third party. You hereby authorize and permit Tiffani’s Luxury Hair Company to use information submitted by you to accomplish and to configure the Services so that it is compatible with the third-party sites for which you submit your information. To fulfill the Services hereunder, you grant Tiffani’s Luxury Hair Company a limited power of attorney and appoint Tiffani’s Luxury Hair Company as your attorney-in-fact and agent to access third- party sites, retrieve and use your information with the full power and authority to do and perform each action necessary in connection with such activities. YOU ACKNOWLEDGE AND AGREE THAT WHEN Tiffani’s Luxury Hair Company IS ACCESSING AND RETRIEVING YOUR ACCOUNT INFORMATION FROM THIRD- PARTY SITES, KALEIDOSCOPE IS ACTING SOLELY AS YOUR AGENT AND YOU SHALL BE ULTIMATELY RESPONSIBLE FOR Tiffani’s Luxury Hair Company’s USE OF SUCH INFORMATION.

  1. PROHIBITED BEHAVIOR

You may use the Site only for lawful purposes and in accordance with this Agreement, and shall not use the Site, Content or Services:

  • In any way that violates applicable federal, state, local, or international law or regulation (including, without limitation, infringing any patent, trademark, trade secret, copyright or other intellectual property right, privacy right, or publicity right of any person or entity). By uploading, posting, emailing or otherwise transmitting any Content, you represent and warrant that you have all rights to take such action with respect to the Content,
  • For the purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, or otherwise,
  • To upload, post, email, or otherwise transmit any Content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful or racially, ethnically, or otherwise offensive,
  • To impersonate or attempt to impersonate another person or entity, including without limitation, a representative of Tiffani’s Luxury Hair Company or its officers, directors, employees, contractors or agents, or falsely represent or misrepresent your affiliation with another person or entity, or forge headers or otherwise manipulate identifiers that would disguise the origin of any Content transmitted to or through the Site,
  • To upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” chain letters, or any other potentially objectionable form of unsolicited communication,
  • To collect or store personal data with respect to third parties except as contemplated by the Agreement,
  • To upload, post, email or otherwise transmit without authorization any material that contains personal or private information concerning any third-party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, social security numbers, passwords or other similar information.
  • For any other purpose inconsistent with this Agreement.

Additionally, you agree not to:

  • Directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may restrict or inhibit anyone’s use or enjoyment of the Site, or which, as we determine, may materially adversely affect, or expose to liability, Tiffani’s Luxury Hair Company or any third party,
  • Upload, post, email or otherwise transmit any material that contains software viruses, Trojan horses, worms, logic bombs, or any other code, files, or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities,
  • Otherwise interfere or attempt to interfere with the proper working of the Site.
  1. DISCLAIMER OF WARRANTIES

You understand and acknowledge that Tiffani’s Luxury Hair Company cannot and does not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your requirements for anti-virus protection. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE.

USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN ‘AS IS’ AND “AS AVAILABLE’ BASIS. Tiffani’s Luxury Hair Company EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT, SERVICES OFFERED ON, AND/OR ITEMS OBTAINED THROUGH THE SITE) WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Tiffani’s Luxury Hair Company EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OF ANY REGISTERED USER OR OTHER USER WHO USES THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Tiffani’s Luxury Hair Company MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE USE OF THE SITE.

  1. EXCLUSIONS AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tiffani’s Luxury Hair Company SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES (EVEN IF Tiffani’s Luxury Hair Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF, OR INABILITY TO USE THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Tiffani’s Luxury Hair Company, its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against all claims, liabilities, judgments, awards, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or your use of the Site other than as expressly authorized in this Agreement, including, but not limited to, any activity related to your registration account with the Site by you or any other person accessing the Site using your registration account.

  1. LINKS TO OTHER WEBSITES

The Site may contain links to other websites. The linked sites are not under the control of Tiffani’s Luxury Hair Company and Tiffani’s Luxury Hair Company is not responsible for any loss or damage that may arise from your use of them nor does it certify the content of any linked website, including, without limitation, any links contained in a linked website, all of which may have separate terms and conditions of use and privacy and data collection practices independent of Tiffani’s Luxury Hair Company. Tiffani’s Luxury Hair Company reserves the right to terminate any link or linking program at any time without notice at our discretion. We have selected the links for your convenience only. The selection or omission of links is not intended to imply our endorsement of any companies or products or our affiliation with operators of linked websites. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. You should contact the website administrator or webmaster for those non-affiliated websites if you have any concerns regarding such links or the content located on such websites. Tiffani’s Luxury Hair Company DOES NOT ACT AS AN AGENT OF ANY THIRD PARTY, EXCEPT TO THE EXTENT SET FORTH IN SECTION 5.

  1. APPLICABLE LAWS

The Site is designed to comply with United States laws and regulations. Tiffani’s Luxury Hair Company controls this Site from its offices within the State of Tennessee in the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or Services in violation of United States export laws or regulations. Any claim or cause of action you may have relating to the Site, or this Agreement must be filed within one (1) year after such claim or cause of action arose and shall be governed by the internal substantive laws of the State of Tennessee, without regard to its conflicts of law provisions; otherwise, such claim or cause of action is permanently barred. Product effectiveness claims are expressly limited to the United States, unless otherwise disclosed on this Site. Any dispute between you and Tiffani’s Luxury Hair Company arising out of or relating to this Agreement will be determined by binding arbitration in Memphis, Tennessee in the United States before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”) then in effect. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of you and Tiffani’s Luxury Hair Company, except that such arbitrator shall be an attorney admitted to practice law in Tennessee with at least five years of experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. To the fullest extent permissible by law, you agree that you shall be responsible for all costs associated with initiating or administrating the arbitration.

  1. ENTIRE AGREEMENT

This Agreement, including the Privacy Policy, the Terms of Sale, the SMS/MMS Mobile Messaging Marketing Program Terms and Conditions and any supplementary terms, guidelines, or rules applicable to particular Content or Services, including, but not limited to a particular feature, contest, sweepstakes, or any other offer which may appear on the Site, contains the sole and entire agreement between you and Tiffani’s Luxury Hair Company relating to the subject matter hereof, and supersedes any other prior and contemporaneous, oral or written communications, understandings, agreements, representations, and warranties relating thereto.

  1. MODIFICATION AND TERMINATION

Tiffani’s Luxury Hair Company reserves the right to make changes to this Agreement at any time without advance notice. Tiffani’s Luxury Hair Company shall post all amended forms of this Agreement on the Site, and such amended forms shall be effective immediately upon its posting. It is always your responsibility to read the most current form of this Agreement before using the Site to ensure that you are aware of any changes made to this Agreement because they shall be equally binding on you. Your continued use of the Site following the posting of amended forms of this Agreement means that you accept and agree to the changes. You agree that these standards for notice of changes to this Agreement are reasonable.

Your right to access and use the Site, its Services, and/or Content immediately terminates without further notice upon your breach of this Agreement. Tiffani’s Luxury Hair Company may terminate this Agreement and/or your right to use the Site at any time, with or without cause.

  1. NOTICE

Tiffani’s Luxury Hair Company may deliver notice to you under this Agreement by means of electronic mail, a general notice on tiffanisluxhairco.com, or by written communication delivered by first class United States mail to your address on record with Tiffani’s Luxury Hair Company. You may inform us, or give notice or requests to us, pursuant to the provisions of this Agreement, at any time via electronic mail to or by letter delivered by first class postage prepaid United States mail or overnight courier to the following address:

Tiffani’s Luxury Hair Company

TiffanisLuxuryHairCompany@gmail.com

  1. GENERAL

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions. A waiver of any term or condition set forth in this Agreement shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and a failure of Tiffani’s Luxury Hair Company to assert a right following a breach of any provision to this Agreement will not constitute a waiver of such right. You may not assign this Agreement without Tiffani’s Luxury Hair Company’s prior written permission. This Agreement is binding upon your successors, assigns, heirs, and executors.

YOUR USE OF THE SITE OR CLICKING ACCEPT OR AGREE TO THE AGREEMENT WHEN THIS OPTION IS MADE AVAILABLE TO YOU, INDICATES THAT YOU AGREE TO BE BOUND AND ABIDE BY THE FOREGOING AGREEMENT. IF YOU DO NOT AGREE TO THE AGREEMENT, DO NOT ACCESS OR USE THE SITE.

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Please read these terms and conditions carefully before use.

Tiffani’s Luxury Hair Company LLC (“We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these SMS/MMS Mobile Messaging Terms and Conditions, Our Terms of Use, Privacy Policy, and any other applicable terms and agreements related to your use of Our Program (the “Agreement”). By opting in to or participating in Our Program, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with Us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other agreements that may govern the relationship between you and Us in other contexts.

Program Description: Without limiting the scope of the Program, users that opt in to the Program can expect to receive messages from Us and others texting on Our behalf concerning the marketing and sale of Our goods, services, and events (e.g., personal care products, accessories, books, video content and supporting materials). Messages may include checkout reminders.

User opt In: The Program allows users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through checking the box to sign up online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an auto dialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system as defined by the Telephone Consumer Protection Act.

Change in Number: You represent and warrant that you are the authorized account holder for the mobile phone number you have provided to Us for opt in to this Program. It is your responsibility to notify Us immediately if you change, forfeit, or deactivate your number. Failure to do so constitutes a material breach of this Agreement. You can notify us via our contact us page.

You further agree to indemnify, defend, and hold us harmless in full from any claim or liability resulting from or related to, in whole or in part, your failure to notify Us of a change in the number you provided, including, but not limited to, any claim, expense, or damage related to or arising from the Telephone Consumer Protection Act, or similar state and federal laws, or regulations promulgated thereunder resulting from Us attempting to contact you at the number you provided.

User opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above, emailing Us, or verbally requesting one of our employees to remove you from Our list, is not a reasonable means of opting out. Once you opt out, you can re-enroll in the Program at any time by following the opt in procedures above.

Message Cost and Frequency: Message and data rates may apply for each message sent or received in connection with Our Program. It is best to contact your wireless provider if you have questions regarding your data or text plan.  Message frequency varies. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email Us at TiffanisLuxuryHairCompany@gmail.com. Please note that requests to this email address is not an acceptable method of opting out of the program. Optouts must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and delivery of information and content may not always be available in all areas and may fail due to a variety of circumstances including product, software, coverage or other changes made by your wireless carrier. You understand and acknowledge delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control, and We will not be liable for any issues arising from them, including delays or failures in the receipt of any mobile messages connected with this Program. Carriers are not liable for delayed or undelivered mobile messages.

Participant Requirements: You must be using a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use or engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Program, you acknowledge and agree that you have the legal authority as permitted by your jurisdiction’s applicable law to enter into this binding Agreement, and that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Program, or are of adult age in your jurisdiction. We reserve the right to require you to prove you meet the age requirements.

Prohibited Content: You acknowledge and agree to not send any prohibited content through the Program. Prohibited content includes:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Pirated computer programs, viruses, worms, Trojan horses, or other technically harmful material or code.
  • Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received.
  • Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act; and
  • Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory or common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by binding and confidential arbitration in Memphis, Tennessee in the United States before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the state of Tennessee, without regard to its conflict of laws rules. The arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of you and Us, except that such arbitrator must be admitted to practice law in Tennessee with at least five years’ experience in that capacity and must have knowledge of and experience with the subject matter of the dispute. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). Nothing in this section shall prevent Us from pursuing injunctive relief. To the fullest extent permissible by law, you agree that you shall be responsible for all costs associated with initiating or administrating the arbitration. The arbitrator shall have no authority to award punitive damages, and you hereby waive any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of this Agreement. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending dispute for which We have notice or pending arbitration proceeding.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a continuing waiver of such right or a waiver of any further rights hereunder.  If any provision of this Agreement is found to be unenforceable or invalid, the unenforceability or invalidity of such provision shall not affect the validity of the remaining provisions, and that unenforceable or invalid provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change, modify, or amend this Agreement from time to time without prior notice. We shall post all amended forms of this Agreement on tiffanisluxhairco.com. You acknowledge your responsibility to review this Agreement from time to time to ensure you are aware of any such changes. By continuing to participate or stay enrolled in the Program after any such changes, you accept this Agreement, as modified.