NEEDAHAIRCUT.COM
SERVICES TERMS AND CONDITIONS

 

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY NEEDAHAIRCUT.COM SERVICES.

 

1. AGREEMENT

 

This is an agreement between NeedAHaircut.com, dba Millana, LLC and you to use NeedAHaircut.com Services ("the Service"). By establishing an account, using the Service, using NeedAHaircut.com provided software or indicating agreement through the software or website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with all other current NeedAHaircut.com Policies and agreements. The most recent versions of all NeedAHaircut.com policies and agreements may be found at www.NeedAHaircut.com Policies link.

 

2. TERM

 

The initial term of this agreement begins on your account billing start date and continues for twelve (12) months. Your account billing start date is the date you first begin being billed for service, as indicated on your first invoice. The agreement will continue on an annual basis for directory and other related services and if applicable on a month-to-month basis for appointment services after the initial term. NeedAHaircut.com reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other NeedAHaircut.com services may change at any time upon 30 days notice and will be posted on the NeedAHaircut.com homepage: www.needahaircut.com.

 

 

3. THE SERVICE

 

The Service may include the use of a variety of services including access to and use of certain websites and permission to use software and other services. THE SERVICE DOES NOT INCLUDE TECHNICAL SUPPORT OF ANY KIND. From time to time NeedAHaircut.com may impose reasonable rules and regulations regarding the use of the Service. NeedAHaircut.com reserves the right to change the Service or features of the Service at any time without prior notice.

 

Upon registration, you may receive a username, password, and other account information for your use. All of this account information is owned by NeedAHaircut.com and may be altered, replaced or cancelled at any time. You and members of your household are the only authorized users of your NeedAHaircut.com account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Service through your account. You must notify NeedAHaircut.com immediately upon discovering any unauthorized use of your account.

 

 

 

 

4. PAYMENT

 

You will be charged an annual charge for directory and other related services and if applicable a monthly charge for the appointment Service. NeedAHaircut.com may charge you for taxes and other applicable fees. NeedAHaircut.com may offer from time to time certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.

 

Charges are billed to your credit card or debit card, as applicable, for the Service and any additional usage or services. NeedAHaircut.com is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by NeedAHaircut.com. Payment by check is due within 30 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with NeedAHaircut.com at all times.

 

If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay NeedAHaircut.com any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at NeedAHaircut.com's sole discretion; however charges will continue to accrue until the account is canceled. NeedAHaircut.com may bill an additional charge to reinstate a suspended account.

 

5. YOUR ACCOUNT, PASSWORD, AND SECURITY

 

Upon registration, you will receive a username, password, and account designation. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify NeedAHaircut.com immediately upon discovering any unauthorized use of your account.

 

NeedAHaircut.com reserves the right to timeout inactive connections. NeedAHaircut.com technical support may be limited to NeedAHaircut.com-provided services, software and/or unmodified hardware.

 

 

6. ACCOUNT REQUIREMENTS

 

To sign up and use the Service, you must be at least 18 years old. You must provide true and accurate contact information such as name, address, email address and telephone number and report all changes to this information immediately. The Service may require an active Internet connection to work. Your computer may have to meet certain minimum requirements, which may be found on the NeedAHaircut.com homepage at: www.NeedAHaircut.com.

 

7. INSTALLATION

 

NEEDAHAIRCUT.COM DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICE, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, NEEDAHAIRCUT.COM SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.

 

NeedAHaircut.com shall have no responsibility whatsoever for claims arising out of its failure or refusal to provide the Service.

 

8. MONITORING THE SERVICE

 

NeedAHaircut.com has no obligation to monitor the Service, but may do so and disclose information regarding use of the Service for any reason if NeedAHaircut.com, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect itself, its employees or its customers. Please see our Privacy Policy.

 

NeedAHaircut.com may immediately remove material or information from NeedAHaircut.com's servers, in whole or in part, which NeedAHaircut.com, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy or other policies or laws.

 

9. SOFTWARE LICENSE

 

If you receive any software from NeedAHaircut.com, your use of such software is subject to the end user license agreement included within the applicable software.

 

10. DISCLAIMERS AND WARRANTIES

 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEEDAHAIRCUT.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. NEEDAHAIRCUT.COM MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH NEEDAHAIRCUT.COM OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY NEEDAHAIRCUT.COM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. NEEDAHAIRCUT.COM AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICE OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, NEEDAHAIRCUT.COMS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.

 

NEEDAHAIRCUT.COM SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICE; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICE, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICE;THE USE OF THE EQUIPMENT OR SERVICE BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.

 

THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF NEEDAHAIRCUT.COM, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST NEEDAHAIRCUT.COM IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

 

11. JURISDICTION

 

This Agreement is governed by North Carolina law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by North Carolina law and will be held in Raleigh, North Carolina. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.

 

12. MISCELLANEOUS

 

This Agreement and NeedAHaircut.com's other policies and agreements posted on NeedAHaircut.com's Web site constitute the entire agreement between you and NeedAHaircut.com with respect to your use of the Service. NeedAHaircut.com may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on NeedAHaircut.com's Web site: (www.needahaircut.com) and/or by email and/or in our various publications and mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of NeedAHaircut.com.

 

You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of NeedAHaircut.com, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. NeedAHaircut.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NeedAHaircut.com as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. NeedAHaircut.com may subcontract any work, obligations or other performance required of NeedAHaircut.com under this Agreement without your consent.

 

You shall indemnify and hold NeedAHaircut.com harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that NeedAHaircut.com may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement and NeedAHaircut.com's other agreements and policies and for any act or omission of you or your clients which are in any way related to the NeedAHaircut.com Service.

End of WORD Doc