Terms of Use – Hairdreams Tapes

Terms of Use

Last updated December 17, 2020

Beauty Hair Trading Inc. d/b/a Hairdreams (“Hairdreams” “us” or “we”) have adopted these Terms of Use (“Terms”) to govern the customer’s (“customer” “you” or “your”) use of our website, www.hairdreamstapes.com, and any related websites owned by us (collectively, the “Sites”).  Please read the Terms carefully before using the Sites.  By using the Sites, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you should not use the Sites.

 Agreement

These Terms are an agreement between you and us that specifies the terms and conditions for your access to and use of the Sites, and your purchase of products from the Sites.  We may modify these Terms at any time by posting a modified Terms of Use on the Sites.  Any modifications shall be effective immediately, and your continued use of the Sites after any modifications constitute acceptance of such modifications.  You can view the most recent version of these Terms at any time on the Sites.

Other Terms and Policies 

When using our Sites, you are subject to any posted policies, guidelines or rules applicable to use of the Sites and any services provided by the Sites including, but not limited to, our Privacy Policy, Terms of Sale and Shipping, and Warranty & Returns Policy (collectively, “Other Terms and Policies”).  The Other Terms and Policies, and any other terms and conditions meant by their nature to be incorporated into these Terms are hereby incorporated.  We reserve the right, and you authorize us, to use and disclose information regarding your use of the Sites and all information provided by you in any manner consistent with our Privacy Policy and in accordance with all applicable laws and regulations including, but not limited to, the California Consumer Privacy Act of 2018, as may be amended from time to time, and subject to any rules and regulations promulgated by the Attorney General of California from time to time, if applicable.  We further reserve the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Changes to Products, Services and Prices

We reserve the right to make changes to the products, services, and prices listed on the Sites, and to other content of the Sites, at any time without providing you with prior written notice of such changes.  We also reserve the right to correct any typographical errors, inaccuracies or inconsistencies found on the Sites, at any time without providing you with prior written notice of such changes.

Taxes and Duties

Prices on the Sites do not reflect any or all of the international duties, taxes or other customs charges that the product may be subject to upon arrival at its final destination.

Intellectual Property

All works and materials on the Sites are copyrighted, 2019, by Hairdreams.  Additionally, all content or intellectual property included on the Sites are and shall continue to be our sole and exclusive property, or the property of our content suppliers (as applicable), and are protected by law, including applicable copyright, patent, and trademark laws and regulations, and any other proprietary rights which may be associated with such intellectual property. 

We authorize you to view, copy, download and print the information and images on the Sites subject to these Terms and the Other Terms and Policies including, without limitation, your compliance with each of the following: 

(1) all such materials may be used solely for your personal, non-commercial and informational purposes; 

(2) none of the materials may be modified; and 

(3) the following copyright notice and permission notice must appear on each such document: 

“© Copyright 2019 Beauty Hair Trading Inc. d/b/a Hairdreams.  All rights reserved. Hairdreams materials available from the Hairdreams websites are protected by the copyright laws of the United States and International Treaties.  All use of these materials is subject to the Terms of Use set forth at www.hairdreamstapes.com.” 

Reproduction, copying or redistribution of materials on the Sites for commercial purposes is prohibited without our express prior written consent.  We retain the right to refuse permission to use any portion of the Sites for commercial use. 

HAIRDREAMS,® HAIRDREAMS STOP&GROW, HAIRDREAMS COUTURE, HAIRDREAMS LASERBEAMER NANO, HAIRDREAMS FREESTYLER, QUIKKIES, QUIKKIES SECRETS, and LASERBEAMER are registered trademarks and service marks of Hairdreams Haarhandels GmbH (“Hairdreams GmbH”), an Austrian company.  Hairdreams GmbH has licensed these marks to us for our exclusive use throughout the United States of America.  Applications to register HAIRDREAMS INSPOS and HAIRDREAMS SECRETS have been filed by Hairdreams GmbH with the U.S. Patent and Trademark Office and are currently pending.  The aforementioned trademarks, collectively referred to as “our marks” or “our trademarks,” identify the products and services we provide, and let the public know the source of such products and services.  You may not use our marks including, but not limited to, our trademarks, service marks, tradenames, logos, taglines, or stylized/design marks, without our prior written consent. 

You may not use any of our trademarks (1) in a service name or publication title not associated with us, (2) in, as or as part of your own service or trademarks, (3) to identify services or products that are not ours, (4) in a way that is likely to cause confusion, (5) in a way that inaccurately implies that we endorse, sponsor, or are otherwise connected with your activities, products or services, or (6) as embedded or hidden text in webpages in an effort to cause a search of our marks to result in a hit on a page not maintained by us.

There may be trademarks, copyrights, or other intellectual property owned by or licensed to us used on the Sites, and such intellectual property may not be used, copied, distributed, or published without our prior written consent.  Other product, service and company names mentioned on the Sites may be trademarks of their respective owners and may not be used without prior written consent from such owners.

Under no circumstances will you acquire any ownership rights or other interest in any content or intellectual property rights by or through your use of the Sites.

User Conduct

You agree that you will not use the Sites for any illegal or unauthorized purposes, and that you will not: 

  • attempt to gain unauthorized access to the Sites or the network and servers associated with the Sites; 
  • use the Sites for any commercial purpose whatsoever other than for your personal use;
  • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
  • upload, post, email or transmit, or otherwise make available through the Sites any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • upload, post, email or transmit, or otherwise make available through the Sites 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 Sites any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
  • submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of our affiliates or any third parties;
  • remove any copyright, trademark or other proprietary rights notices contained in or on the Sites;
  • circumvent, or attempt to circumvent, security or access control technology used by the Sites or the network and servers associated with the Sites;
  • collect or otherwise use contact information available on the Sites for purposes of sending improper, unsolicited communications and that you will not use any of our communications facilities to deliver, or attempt to deliver, improper, unsolicited communications;
  • use the Sites in any manner that would degrade the functioning or performance of the Sites, including launching Denial-of-Service (DoS) attacks against the Sites;
  • use the Sites in any manner that could damage, disable, overburden, or impair the Sites, or interfere with any other party's use and enjoyment of the Sites;
  • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • run Mail list, Listserv, or any form of auto-responder or "spam" on the Sites;
  • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites, 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 Sites or any activities conducted on the Sites, including to utilize framing techniques to enclose any content or other proprietary information, place pop-up windows over the Sites’ pages, or otherwise affect the display of the Sites’ 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;
  • use any robot, spider, websites search/retrieval application, or other device to retrieve or index any portion of the Sites or collect information about its users for any unauthorized purpose; or
  • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

 

Your use of the Sites are at our discretion and we may terminate your use of the Sites at any time.

 Risk of Loss

Upon our delivery of the products to the shipping carrier, risk of loss and title for products you purchased transfer to you.

 Sites Audience

The Sites are not intended for any children under the age of 18, and anyone under the age of 18 is prohibited from using the Sites.  By using the Sites, you represent and warrant that you are at least 18 years old.

 Unauthorized Access

You may require a password and account identification to allow you to access and use certain portions of the Sites. Each time you use a password or identification, you will be deemed to be authorized to access and use the Sites in a manner consistent with these Terms. We have no obligation to investigate the authorization or source of any such access or use of the Sites. You are solely responsible for all access to and use of the Sites by anyone using your password or identification, whether or not such access to and use of the Sites is actually authorized by you. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must notify us immediately of any unauthorized use of your password or identification or any other breach or threatened breach of the Sites’ security.

 Reviews and Comments

Except as otherwise provided herein or on the Sites, anything you submit or post to the Sites or provide us, including without limitation, ideas, know-how, techniques, reviews, comments, questions and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary. You acknowledge and agree that we have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

 Additionally, when you make Submissions, you grant us the right to use the name that you submit with any Submission in connection with such Submission. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Submissions that you post on the Sites and that use of your reviews, comments, or other Submissions by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but are not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 Links to Third Party Websites

As a courtesy to you, the Sites may contain links to websites not maintained by us. We are not responsible for the contents of any such linked websites or for the policies of any such linked websites concerning their collection, security and use of any confidential information gathered from their users. We have no control over any such linked website, and the inclusion of any such link does not imply any recommendation, approval or endorsement by us of any third-party website.

 DISCLAIMER OF WARRANTIES; LIMITED LIABILITY

ANY INFORMATION PROVIDED ON THE SITES IS GENERAL INFORMATION AND IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  WE PERIODICALLY ADD CHANGES TO OR UPDATE THE INFORMATION AND MATERIALS AVAILABLE ON THE SITES WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR OWN RISK AND WE ASSUME NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITES.  ANY TESTIMONIAL OR ENDORSEMENT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR PREDICTION REGARDING THE USE OF OUR PRODUCTS.  SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. 

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY AMOUNT OR CHARACTER (INCLUDING, WITHOUT LIMITATION, ANY GENERAL, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITES, OR EITHER OF THEM.  IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH OUR AND THEIR RESPECTIVE PARTNERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO THESE TERMS (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR YOUR USE OF THE SITES FOR ANY LOST OR CORRUPTED DATA, LOST PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  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.

YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITES SHALL BE TO DISCONTINUE USING THE SITES.

 Indemnification

You agree to indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, shareholders and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms by you. You agree that the Indemnified Parties will have no liability with respect to any such breach or unauthorized use by you, and you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees and costs in connection therewith.  You also agree to indemnify, defend, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of, relating to, or in connection with your use of any information, content or service accessed through the Sites.

Compliance with Laws

You agree to comply with all applicable laws and regulations with respect to your use of the Sites. You also agree that information provided by you is truthful, complete and accurate to the best of your knowledge.  You agree to abide by all Federal, State and local laws and regulations.  If you are outside the United States you must comply with all applicable laws and regulations with respect to your online conduct, as well as the export of data to or from the United States or to or from your country or residence.

Copyright Violations

We respect the intellectual property rights of others, and we expect our users to do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Designated Copyright Agent:

(a) A description of the copyrighted work you claim has been infringed;

(b) The material you claim is infringing and the URL of the link shown on the Sites or the exact location where such material may be found;

(c) Your company affiliation (if applicable), mailing address, telephone number and email address;

(d) The following statement: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g. as a fair use). I hereby state that the information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest and such person’s full legal name;

Our Designated Copyright Agent for notice of claims of copyright infringement on the Sites can be reached as follows:

Attn: Dorian Thomas

By Mail: 20380 Gramercy Place

Torrance, CA 90501

By Phone: 310.224.7220

By E-mail: Legal@bht-usa.com

 

Governing Law

These Terms and your use of the Sites shall be governed by the laws of the State of California, as applied between residents of that state entering into contracts to be performed wholly within the State of California, without regard to its conflict of law provisions. 

Disputes

Any dispute relating in any way to your visit to the Sites or to any products you purchase through the Sites must be submitted to confidential, binding arbitration in Los Angeles, California. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association.  The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class action proceedings or otherwise.

Notwithstanding the foregoing, if you have violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Los Angeles County, California. 

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES, ANY SERVICE PROVIDED BY THE SITES, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Remedies

You acknowledge and agree that damages for any actual or threatened breach of these Terms would be inadequate, and that were are therefore entitled to seek specific performance, injunctive relief, or both, in addition to any other damages we may legally be entitled to recover. We may also recover reasonable expenses of any dispute resolution or legal proceeding, including reasonable attorney’s fees. None of our rights or remedies shall be exclusive of any other, whether at law or in equity.

 Miscellaneous Provisions

These Terms and the Other Terms and Policies constitute the entire agreement between you and us with respect to your access to and use of the Sites and supersede all prior and contemporaneous agreements between you and us, if any, regarding your access to and use of the Sites.  If any of the provisions of these Terms or the Other Terms and Policies are found by a court of competent jurisdiction to be void, 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.  Our failure to exercise or enforce any right or provision of these Terms or any of the Other Terms and Policies shall not constitute a waiver of such right or provision.  

Nothing contained in these Terms or the Other Terms and Policies or your use of the Sites shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or any goods or services provided therein with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of the Sites or any goods or services.

SMS/MMS Mobile Message Marketing Program

Beauty Hair Trading Inc. d/b/a Hairdreams (“Hairdreams” “us” or “we”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, 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 Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through 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 autodialer, 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 (“ATDS” or “autodialer”). Message and data rates may apply.

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 or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. 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 hdtapes@bht-usa.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs 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 may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have 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 of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform 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 Platform, you acknowledge and agree 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 Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

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

  • Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful 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 (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” 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 between you and Stodge, LLC d/b/a Postscript 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 claims, 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 arbitration in Torrance, California 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 Federal Judicial Circuit in which Hairdreams principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. 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”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives 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 your agreement to participate in any of our Programs.

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 waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that 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 this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Contact Information

If you have any questions regarding these Terms or any of the Other Terms and Policies, please contact us at:

Beauty Hair Trading Inc. d/b/a Hairdreams USA

20380 Gramercy Place

Torrance, CA 90501

ph:  310.224.7220

email: Legal@bht-usa.com