Terms and Agreements of Hair Hustlers LLC.
Effective: March 1st, 2019
By checking the box the Independent Contractor is agreeing to the terms listed by Hair Hustlers LLC. The Independent Contractor agrees to engage in business with Hair Hustlers LLC. The agreement is made this day forward and proves the Independent Contractor has been notified of the terms. For sake of this contract agreement “Company” refers to Hair Hustlers LLC. and “Independent Contractor” refers to the Independent Contractor or DBA that Hair Hustlers “Company” is engaging in business with.
1. The Company hereby employs the Independent Contractor as an Independent Contractor, and the Independent Contractor hereby accepts the independent employment of their company. (DBA) Independent Contractor agrees to render out their abilities and services to the clients who sign up to use the mobile app services provided by Hair Hustlers LLC. The Company owns all of the clients and is subject to administer any needed price change or service experience change it deems as necessary. If the Independent Contractor violates and steals the Company's Clientele by means of bypassing the mobile application completely after gaining knowledge of the client’s contact information and logging the clients contact information as a private client, the Company deems this as stealing of private data or “information” and has the right to ban the Independent Contractor from using the mobile application and gives right to sue the Independent Contractor. By agreeing to these terms in the latter sentence is violated the Independent Contractor agrees to a settlement in the account a hearing is created. The settlement is a dollar amount per client taken. Independent Contractor (or party opposing Hair Hustlers LLC) pays all legal fees.
2. The term of this Agreement shall commence on, the day the Independent Contractor signed up and checked the agreement box. The term, either party may, without cause, may terminate this Agreement by becoming inactive and going more than 1 year with out taking a Hair Hustlers client or receiving a paycheck.
3. Company shall pay to Independent Contractor and Independent Contractor shall accept from the Company, the specified about, as compensation for all services to be provided pursuant to this Agreement, the sum of (XX) commission per client served.
If for three consecutive months the Independent Contractor has maintained a two star or below review on the App or has received three complaints on its behalf; Hair Hustlers has the right to break this agreement and fire the Independent Contractor immediately. However, notice might be given to the Independent Contractor after the first two months of two star or below, reviews.
Independent Contractor is responsible for any and all taxes for their company. Independent Contractor will also receive a waived royalty fee for that month which will act as a finder’s fee for each client brought to Hair Hustlers. Company can if it chooses to reimburse Independent Contractor for any purchase that is imposed by Hair Hustlers as a endorsement item, such as apparel or items connected to a better service such as a beverage or complementary item.
Marketing responsibilities are assigned to Hair Hustlers LLC, however all clients served by the Independent Contractor belong to Hair Hustlers. A breach in the alliance of serving Hair Hustlers clientele and ambition to directly involve itself with the client’s contact information for use on the side while not engaged with the App will be grounds of infringement on the barriers of a non-compete outlined in this sentence. In this line of infringement while this contract agreement gives the Independent Contractor rights of using Hair Hustlers logo and name. It also gives the privilege to have access to its clientele for use only for purposes benefiting Hair Hustlers bottom line. Personal use of client and or members contact information on own time, in however method received, is grounds of infringement, if hindering the growth of Hair Hustlers and has not been pre-ordained. (See section, 1)
-Barbering Tools may be chosen by the Independent Contractor upon certain skill sets. However all accessory items, such as, carrying case/backpack, floor sheet, portable chair, small dustpan, vacuum, bluetooth speaker, (unless using their own speaker is fine,) must be the same items across the board and follow Hair Hustlers guidelines. Each Independent Contractor is responsible for their own barber’s insurance and is required to abide by the laws of such under the Board of Cosmetology, Barbering.
-The following procedures are part of the daily task of the Independent Contractor.
-Cleanup, Consultation, playing music (if requested), setting up in a desired area, professionalism, sporting Hair Hustlers logo somewhere on an item, provide any barbering service desired by client such as listed below.
4. Independent Contractor shall provide on an "as needed" basis the following services: Any and All Barbering Services. Which include the items listed under code 690.005 Definitions for ORS 690.005 to 690.225. in the Oregon Board of Cosmetology Laws and Rules Booklet. Independent Contractor shall devote such time, attention and energies as required of business and own desires.
5. Independent Contractor is an Independent Contractor and may engage in other business activities provided, however, that Independent Contractor shall not during the time on the clock recorded via administrative app. The Independent Contractor may under terms of this Agreement, not at any time, solicit other companies and or their employees or accounts on behalf of the Independent Contractor’s business or another entity during service or time of operation via phone app. They must act as a Hair Hustlers brand while in hours of operation via toggle switch put to the “on” position on the Hair Hustlers App.
6. If Independent Contractor becomes unable to perform services pursuant to this Agreement by reason of illness, incapacity or death, compensation shall cease upon the happening of the event. A payout of previous work will be designated to the Independent Contractor up to that point.
7. Neither party may assign this Agreement without the express written consent of the other party. (Checking the agreement box is consent to agreement)
8. Independent Contractor is acting as an Independent Contractor and nothing contained in this Agreement shall be deemed or interpreted to constitute the Independent Contractor as a partner, agent or direct employee of the Company, nor shall either party have any authority to bind the other.
9. It is agreed between the parties that there are no other agreements or understandings between them relating to the subject matter of this Agreement. This Agreement supersedes all prior agreements, oral or written, between the parties and is intended as a complete and exclusive statement of the agreement between the parties. No change or modification of this Agreement shall be valid unless the same be in writing and signed by the parties amended copy of consent.
10. All notices required or permitted to be given hereunder shall be in writing and may be delivered personally, emailed or by Certified Mail - Return Receipt Requested, postage prepaid, addressed to the party's last known address and or email or phone number.
11. This Agreement shall be construed in accordance with and governed by the laws of the State of Oregon and any other state where business is held. INTENDING TO BE LEGALLY BOUND, the parties hereto have caused this Agreement to be executed as of the date the box has been checked to agree to these terms and enter the mobile phone application.
Membership Agreement Hair Hustlers LLC.
1. Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Hair Hustlers may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH HAIR HUSTLERS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU ARE EXPRESSING ACKNOWLEDGEMENT THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Supplemental terms may apply to certain Services, such as policies for a particular event, program, activity or promotion, and such supplemental terms will be disclosed to you in separate region-specific disclosures (e.g., or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Hair Hustlers may amend the Terms from time to time. Amendments will be effective upon Hair Hustlers posting of such updated Terms at this location or in the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. If Hair Hustlers changes these Terms after the date you first agreed to the Terms (or to any subsequent changes to these Terms), you may reject any such change by providing Hair Hustlers written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Hair Hustlers USA, LLC In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to these Terms. By rejecting changes, you are agreeing that you will continue to be bound by the provisions of these Terms as of the date you first agreed to the Terms (or to any subsequent changes to these Terms).
2. Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Hair Hustlers on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Hair Hustlers, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Hair Hustlers by someone else.
Agreement to Binding Arbitration Between You and Hair Hustlers.
You and Hair Hustlers agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Hair Hustlers, and not in a court of law.
You acknowledge and agree that you and Hair Hustlers are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Hair Hustlers otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and Hair Hustlers each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Oregon.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Oregon and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
Location and Procedure.
Unless you and Hair Hustlers otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Hair Hustlers submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorney's' fees and expenses, to the extent provided under applicable law. Hair Hustlers will not seek, and hereby waives all rights Hair Hustlers may have under applicable law to recover, attorneys' fees and expenses if Hair Hustlers prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Hair Hustlers will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if Hair Hustlers changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing Hair Hustlers written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o Hair Hustlers USA, LLC. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Hair Hustlers in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
Severability and Survival.
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
3. The Services
The Services comprise mobile applications and related services (each, an "Application"), which enable users to arrange and schedule on-demand haircut or barbering service, logistics and/or delivery service of such benefits to the location of the client or member using the application, under agreement with Hair Hustlers or certain of Hair Hustlers affiliates ("Third Party Providers"). In certain instances the Services may also include an option to receive a on-demand haircut or barbering services for an upfront price, subject to acceptance by the respective Third Party Providers. Unless otherwise agreed by Hair Hustlers in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN A HAIRCUT OR OTHER BARBERING SERVICES THROUGH THE USE OF THE SERVICES DOES NOT ESTABLISH HAIR HUSTLERS AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER OF ANY ITEM OR PERSONS.
Subject to your compliance with these Terms, Hair Hustlers grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Hair Hustlers and Hair Hustlers licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Hair Hustlers; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Hair Hustlers various brands or request options associated with haircuts or barbeing needs, including the barbering service request brands currently referred to as "Hair Hustlers," "Hair Hustlers LLC," "Hair Hustlers On-Demand," "Hair HustlersPDX," You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of Hair Hustlers subsidiaries and affiliates; or (ii) independent Third Party Providers, including Independent Contract Barbers, Freelance Barbers, authorizations or licenses.
Third Party Services and Content.
The Services and all rights therein are and shall remain Hair Hustlers property or the property of Hair Hustlers licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Hair Hustlers company names, logos, product and service names, trademarks or services marks or those of Hair Hustlers licensors.
4. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Account registration requires you to submit to Hair Hustlers certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Hair Hustlers. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Hair Hustlers in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive transportation or logistics services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity or other method of identity verification.
As a member signing this document and using a check mark to sign, I agree to the terms and conditions listed in this agreement below.
I am using this on-demand barbering app as a service provided by Hair Hustlers LLC. I agree to use this app and not abuse it as a user. In such regard if Hair Hustlers deems me as an abuser of the app they have proper rights to block me from using this app.
All contact information entered is correct and truthful. I the member, agree to let the barber into my location and allow them to set up their equipment in a proper place. I agree to submit a truthful review and if seen as false or any slandurace profane words are used in the review, Hair Hustlers has the right to delete my review and or me from using the app.
Text Messaging and Telephone Calls.
You agree that Hair Hustlers may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with an Hair Hustlers account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Hair Hustlers at any time, either by texting the word “STOP” to the incoming message using the mobile device that is receiving the messages, or by contacting help.Hair Hustlers.com. If you do not choose to opt out, Hair Hustlers may contact you as outlined in its User Privacy Statement, You also agree to provide your phone number to the barber and the barber is able to use that contact number to contact you at anytime during the duration of the haircut transaction.
Referrals and Promotional Codes.
Hair Hustlers may, in its sole discretion, create referral and/or promotional codes ("Promo Codes") that may be redeemed for discounts on future Services and/or a Third Party Provider's services, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that Hair Hustlers establishes. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Hair Hustlers; (iii) may be disabled by Hair Hustlers at any time for any reason without liability to Hair Hustlers; (iv) may only be used pursuant to the specific terms that Hair Hustlers establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Hair Hustlers reserves the right to withhold or deduct credits or other features or benefits obtained through the use of the referral system or Promo Codes by you or any other user in the event that Hair Hustlers determines or believes that the use of the referral system or use or redemption of the Promo Code was in error, fraudulent, illegal, or otherwise in violation of Hair Hustlers Terms.
User Provided Content.
Hair Hustlers may, in Hair Hustlers sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Hair Hustlers through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to Hair Hustlers, you grant Hair Hustlers a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Hair Hustlers business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Hair Hustlers the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Hair Hustlers use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Hair Hustlers in its sole discretion, whether or not such material may be protected by law. Hair Hustlers may, but shall not be obligated to, review, monitor, or remove User Content, at Hair Hustlers sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Hair Hustlers does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive ("Charges"). Hair Hustlers will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law.
All Charges and payments will be enabled by Hair Hustlers using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Hair Hustlers may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Hair Hustlers.
As between you and Hair Hustlers, Hair Hustlers reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Hair Hustlers sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. Hair Hustlers will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Hair Hustlers may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third Party Provider’s behalf. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback. Hair Hustlers may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.
In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers, and Hair Hustlers will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider. In such cases, you retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third Party Provider. Hair Hustlers will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. In all other cases, Charges you incur will be owed and paid directly to Hair Hustlers or its affiliates, where Hair Hustlers is solely liable for any obligations to Third Party Providers. In such cases, you retain the right to request lower Charges from Hair Hustlers for services or goods received by you from a Third Party Provider at the time you receive such services or goods, and Hair Hustlers will respond accordingly to any request from you to modify the Charges for a particular service or good. Except with respect to on-demand haircuts and barbering serivices requested through the Application, Hair Hustlers does not designate any portion of your payment as a tip or gratuity to a Third Party Provider. Any representation by Hair Hustlers (on Hair Hustlers website, in the Application, or in Hair Hustlers marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that Hair Hustlers provides any additional amounts, beyond those described above, to a Third Party Provider you may use. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
Repair, Cleaning or Lost and Found Fees.
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, things not seen or cleaned by the independent contract barber, and property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that a Repair or Cleaning request is verified by Hair Hustlers in Hair Hustlers reasonable discretion, Hair Hustlers reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning using your payment method designated in your Account. Such amounts, as well as those pertaining to lost and found goods, will be transferred by Hair Hustlers to a Third Party Provider, if applicable, and are non-refundable.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." HAIR HUSTLERS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, HAIR HUSTLERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. HAIR HUSTLERS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
HAIR HUSTLERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF HAIR HUSTLERS, EVEN IF HAIR HUSTLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
HAIR HUSTLERS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF HAIR HUSTLERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAIR HUSTLERS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND HAIR HUSTLERS REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY PROVIDERS PROVIDING BARBERING SERVICES ARE A LICENSED PROFESSIONAL OF THE STATE ABIDING IN UNDER LAW OF THE STATE BOARD OF COSMETOLOGY. THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE A HAIRCUT OR BARBERING NEED(s), BUT YOU AGREE THAT HAIR HUSTLERS HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY BARBERING SERVICE PERFORMED AT YOUR PLACE OF LOCATION OF SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, HAIR HUSTLERS LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON HAIR HUSTLERS CHOICE OF LAW PROVISION SET FORTH BELOW. SOME LAWS MAY FALL IN ACCORDANCE OF EXECUTION UNDER THE LAWS SET FORTH BY THAT STATE'S BOARD OF COSMETOLOGY AND HEALTH LICENSING AGENCY. HEALTH LICENSING CONTACT INFORMATION CAN BE FOUND ONLINE BY SEARCHING HEALTH LICENSING AGENCY OF (YOUR CURRENT STATE.)
You agree to indemnify and hold Hair Hustlers and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Hair Hustlers use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
7. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Oregon, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-Oregonians to assert claims under Oregon law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided in Section 2 of these Terms, are only intended to specify the use of Oregon law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending Oregon law to you if you do not otherwise reside in Oregon. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in Section 2 or to any arbitrable disputes as defined therein. Instead, as described in Section 2, the Federal Arbitration Act shall apply to any such disputes.
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Hair Hustlers designated agent. Please call Hair Hustlers at (541) 951-1781.
Hair Hustlers may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to Hair Hustlers, with such notice deemed given when received by Hair Hustlers, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Hair Hustlers USA, LLC. The name and current contact information for the registered agent in each state are available online when you contact Hair Hustlers LLC.
You may not assign these Terms without Hair Hustlers prior written approval. Hair Hustlers may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Hair Hustlers equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Hair Hustlers or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Hair Hustlers failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Hair Hustlers in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.