Terms of Use Agreement
Welcome to hairetcfontana.com (the “Website”). This Terms of Service Agreement (the “Agreement”) is made and entered into by and between you and Hair Etc, a California-based partnership legally registered as Channy Khou Gen PTR, doing business as Hair Etc. (referred to herein as the “Company,” “we,” “us,” or “our”). This Agreement sets forth the terms and conditions that govern your access to and use of the Website and any related features, products, services, memberships, content, and communications made available through the Website or any affiliated channels, including but not limited to in-salon bookings, SMS communications, or client management tools (collectively, the “Services”).
By using the Services, you agree to be bound by the terms of this Agreement. If you do not agree with any part of this Agreement, please discontinue use of the Website and Services immediately.
By accessing or using the Services—including visiting our Website, booking an appointment, enrolling in a membership, communicating with us via SMS or email, or otherwise engaging with our salon—you agree to be bound by this Agreement on behalf of yourself or any entity or organization you represent. If you do not agree to the terms of this Agreement, you may not access or use the Services and must discontinue any use immediately.
To use the Website or any other Services, you must:
(i) be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and
(ii) not be accessing the Services on behalf of a competitor or for purposes that are competitive with the Company.
By using the Services, you represent and warrant that you meet all the above eligibility requirements and that you have the legal capacity and authority to enter into this Agreement either on your own behalf or on behalf of the entity you represent. If you do not meet these requirements, you may not use the Services.
Hair Etc reserves the right to update or modify this Agreement at any time in its sole discretion. We will make reasonable efforts to notify you of material changes—either via the Website, SMS, or email communication—prior to such changes becoming effective, unless the changes are required for legal or administrative reasons, in which case they may take effect immediately.
Your continued use of or access to the Services after any changes are posted constitutes your acceptance of the updated Agreement. You are encouraged to periodically review this Agreement to ensure you are aware of the current terms, as they are legally binding.
The Services provided by Hair Etc may evolve over time. We reserve the right to modify, update, suspend, withdraw, or discontinue any portion of the Website or Services at any time without notice. This includes, but is not limited to, the availability of service offerings, product listings, appointment options, or any digital features such as our SMS communications or CRM integrations.
You agree that Hair Etc shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or your access to them.
While you may browse the Website and contact the salon without creating an account, certain features of the Services—such as enrolling in a membership program, receiving customized offers, managing your appointments, or accessing promotional benefits—may require you to create an account.
If you choose to create an account, you agree to provide accurate, current, and complete information about yourself, and to maintain and promptly update such information as needed. Account creation may involve integration with third-party platforms, such as our CRM partner Go High Level, and may include the collection of personal and service preference data. All data collected is governed by our Privacy Policy, including SMS opt-in consent, usage of mobile data, and marketing preferences.
You consent to Hair Etc using your provided information for purposes consistent with our Privacy Policy, including SMS reminders and appointment-related communications.
If you create or are provided with an account, you are solely responsible for maintaining the confidentiality of your account credentials and any activity that occurs under your account. You may not share your login information with others or permit unauthorized access to your account.
You agree to:
- Immediately notify Hair Etc of any unauthorized use of your account or any other breach of security.
- Log out from your account at the end of each session, especially when accessing from a public or shared device.
- Accept full responsibility for any actions taken through your account, whether or not authorized by you.
Hair Etc is not liable for any loss or damage arising from your failure to protect your account information.
Hair Etc reserves the right to suspend, terminate, or delete your account at any time and for any reason, including but not limited to violation of this Agreement, fraudulent activity, or misuse of the Services.
We may, but are not obligated to, provide notice of account termination. Upon termination, your right to use the Services, including account-related features, will immediately cease. You may terminate your own account at any time by contacting us directly at [email protected].
You may only use the Services provided by Hair Etc for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
- In any way that violates any applicable federal, state, or local law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm others, including minors.
- To transmit any advertising or promotional material without our prior written consent, including junk mail, spam, chain letters, or similar solicitations.
- In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Services.
You agree that your use of the Services will comply with the standards of professionalism, courtesy, and respect customary within personal care environments.
You further agree not to engage in or attempt to engage in any of the following prohibited activities:
a. No Violation of Laws or Obligations.
Violating any law or regulation, or breaching contractual or ethical obligations.
b. No Harassment or Disruption.
Harassing, abusing, intimidating, or interfering with staff, clients, or other users of the Services.
c. No Fraud or Misrepresentation.
Impersonating another person or misrepresenting your identity or relationship to Hair Etc.
d. No Unauthorized Commercial Use.
Using the Services or any content for purposes of developing a competing business, or to solicit Hair Etc's clients, stylists, or staff.
e. No System Interference.
Attempting to interfere with the proper functioning of the Website or any network or system connected to it.
f. No Data Scraping or Automated Access.
Using any robot, spider, scraper, or other automated device to access the Website for any purpose without prior written consent.
g. No Harmful Content.
Uploading or transmitting any viruses, malware, or other harmful code.
h. No Unauthorized Access.
Gaining unauthorized access to any part of the Website, other accounts, or any systems or networks connected to the Services.
i. No Data Collection from Others.
Collecting personal data from other users without their consent.
j. No Disruption of Appointments.
Booking appointments with false information or failing to attend without reasonable notice, which may result in restricted access or denial of future bookings.
k. No Abuse of Promotions or Membership Benefits.
Attempting to exploit or manipulate any promotional offer or membership benefit in a fraudulent or excessive manner.
l. No Obscene, Offensive, or Unlawful Content.
Submitting or displaying content that is illegal, discriminatory, obscene, vulgar, threatening, or otherwise objectionable, including any SHAFT content (sex, hate, alcohol, firearms, or tobacco) not permitted by law.
The Services are intended for use by individuals located in the United States, with a primary focus on residents of California. By accessing or using the Services outside of the United States, you do so at your own risk and are responsible for compliance with all applicable local laws. Hair Etc makes no representations that the Services or any of their content are accessible or appropriate outside the United States.
Whether booking an appointment or purchasing retail products or memberships, your interaction with Hair Etc constitutes a service transaction subject to this Agreement.
You may initiate purchases or bookings through one or more of the following methods:
- In person at our salon location
- By phone or text with a team member
- Through SMS reminders or booking links
- Online via the Website or CRM-integrated portals (e.g., Go High Level)
By proceeding with a purchase or appointment, you agree to provide accurate and complete information and authorize Hair Etc to process the transaction using the payment method you specify.
Appointments are accepted on a first-come, first-served basis and are subject to stylist availability. All appointments are considered confirmed only after you receive written or electronic confirmation from Hair Etc, which may be delivered via text, email, or booking portal.
By scheduling an appointment, you acknowledge that:
- Services must be paid for at the time of service unless otherwise agreed.
- Prices are based on service category, hair length, time required, and any customizations requested.
- Certain services (e.g., color corrections, extensions, chemical treatments) may require a consultation or deposit in advance.
Retail products and hair care items may be purchased in-store or through designated online channels. Membership programs, if offered, are billed on a recurring basis and governed by the terms set out in Section 5 of this Agreement.
All sales are final unless otherwise stated or required by law. We reserve the right to limit quantities, discontinue products or programs, or refuse sales at our sole discretion.
Accepted payment methods include:
- Credit and debit cards
- Apple Pay, Google Pay (where available)
- Salon-approved digital invoicing or links
- Gift cards issued by Hair Etc
All transactions are securely processed via third-party merchant services. Hair Etc does not directly store your payment information. If a payment is declined, Hair Etc is under no obligation to hold your appointment, complete the sale, or issue products.
Any transaction fees, bank charges, or penalties due to insufficient funds, reversal, or dispute shall be your responsibility.
Prices for products and services are displayed at the time of booking or purchase and are subject to applicable sales taxes as required by California law. Hair Etc reserves the right to update prices at any time, with changes applying prospectively.
We are not responsible for typographical or display errors related to pricing. In such cases, we may cancel the transaction and notify you before proceeding.
You do not acquire any right to receive services or products until full payment has been received and accepted by {{location.name}}. For prepaid memberships, benefits become available based on the schedule or billing cycle outlined at the time of enrollment.
We reserve the right to withhold or revoke access to any services, products, discounts, or promotions if your payment fails, is disputed, or is reversed.
Hair Etc may offer optional membership programs that provide clients with recurring access to discounted services, exclusive perks, or other benefits on a monthly basis. Memberships are not required to receive services at Hair Etc but are available to enhance your client experience.
By enrolling in a membership, you authorize us to charge your selected payment method on a recurring basis, as agreed upon during sign-up. All membership benefits and pricing will be clearly disclosed prior to enrollment.
Memberships are billed monthly and will continue until canceled. Billing begins on the date of enrollment and recurs on the same calendar day each month (or closest applicable business day).
You are responsible for ensuring that your payment method remains valid and up to date. Failure to process your monthly payment may result in suspension of benefits or cancellation of your membership.
You may cancel your membership at any time by sending a clear written request to [email protected] or by texting us directly.
Refunds for a monthly charge will only be granted if all of the following conditions are met:
- The cancellation request is received within five (5) calendar days of the most recent billing date; and
- None of the membership benefits (e.g., discounted services, priority scheduling, product credits, etc.) have been used during the current billing cycle.
No refunds will be issued for cancellations requested after five (5) days from the billing date or if any benefit was already used, regardless of the timing of the cancellation.
Unless canceled as provided in this Agreement, your membership will automatically renew each month using your authorized payment method. You will receive advance notice via SMS or email prior to each billing date.
You may opt out of automatic renewal at any time by submitting a cancellation request prior to your next billing cycle. Cancellation will take effect at the end of the current paid period.
We reserve the right to cancel your membership at any time and for any reason, including but not limited to account inactivity, abuse of membership benefits, or violation of this Agreement. In such cases, we will provide written notice and, where applicable, may issue a prorated refund at our sole discretion.
As a member benefit, {{location.name}} allows you to pause your membership for personal, travel, or financial reasons, subject to the following conditions:
- You may pause your membership up to two (2) times per calendar year
- The total pause duration may not exceed two (2) months per calendar year
- Pauses must be requested in whole-month increments (e.g., 1 full month or 2 full months)
To request a pause, you must notify us in writing by emailing {{location.email}} or texting us at least
five (5) days prior to your next billing date. Pauses requested with shorter notice may not take effect until the following billing cycle.
During the pause:
- No membership charges will be billed for the paused month(s)
- Monthly membership benefits and discounts will not be active during the paused period
- Any quarterly or earned cumulative benefits (e.g., loyalty perks that accrue each quarter) will be delayed by the number of months paused
- Your membership will automatically resume on the original billing day after the pause ends
A membership pause does not constitute cancellation. If you wish to terminate your membership, you must follow the procedures outlined in Section 5.3. Abuse of the pause policy, including attempts to exceed the allowed frequency or duration, may result in restriction or termination of your membership at {{location.name}}’s discretion.
All content made available through the Website, SMS communications, online booking portals, and in-store promotional materials—including but not limited to text, photographs, videos, service names, logos, branding, graphics, icons, interfaces, and stylist-generated content—is the exclusive property of Hair Etc, its licensors, or its content providers, and is protected by United States and international copyright, trademark, trade dress, and other intellectual property laws.
Nothing in this Agreement shall be interpreted as granting any license or ownership rights to you or any other person. All rights not expressly granted herein are reserved by Hair Etc.
Subject to your compliance with this Agreement, Hair Etc grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Website and any associated digital Services solely for personal, non-commercial use related to booking appointments, purchasing products, or engaging with our salon.
This license does not grant you the right to modify, reproduce, redistribute, reverse engineer, or exploit any part of the Website, Services, or materials for commercial gain.
You agree not to:
a. Copy or Redistribute Content.
Reproduce, publish, display, post, or distribute any content without our express written consent.
b. Create Derivative Works.
Modify, translate, adapt, or create derivative works based on any part of the Website or Services.
c. Use Our Brand Commercially.
Sell, license, sublicense, rent, or otherwise exploit any portion of our intellectual property
d. Alter Legal Notices.
Remove, obscure, or alter any copyright, trademark, or other proprietary notices.
e. Build Competing Services.
Use our Services or content to create a similar or competitive salon or platform, including scraping service descriptions or stylist portfolios.
f. Data Harvesting.
Use any automated system to extract or compile information from the Website, including client reviews, service descriptions, or pricing data.
The Hair Etc name, logo, service names, and all related branding are the trademarks or trade dress of Hair Etc. You may not use these trademarks without prior written permission. All other names, logos, or marks appearing on the Website or Services are the property of their respective owners and may not be used without their permission.
The Services may allow you or other users to submit, post, upload, publish, display, or transmit content to or through Hair Etc's Website, booking systems, SMS messaging, social media platforms, or in-person promotional campaigns. This may include, but is not limited to:
- Reviews, testimonials, or feedback
- Photos or videos of salon results (e.g., haircuts, color, styles)
- Comments or submissions via SMS or website forms
- Tagged content on social media platforms referencing Hair Etc
All such submissions are collectively referred to in this Agreement as "User Content."
You are solely responsible for your User Content and any consequences of sharing it. Hair Etc does not guarantee confidentiality of any User Content and disclaims any obligation to monitor or moderate it, except as required by law.
By submitting, tagging, or publishing any User Content that references Hair Etc, you grant us an
irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, distribute, display, and otherwise exploit such content for any lawful marketing or operational purpose—including reposting it on our social media, promotional materials, or digital platforms.
You represent and warrant that:
- You own the content or have the right to grant us this license
- Your User Content does not infringe on the rights of any third party
- Your User Content complies with the Content Standards in Section 7.4
This license includes the right to sublicense and transfer these rights to third-party vendors or platforms used by Hair Etc in connection with its services (e.g., website hosts, social media managers, or CRM systems).
If you appear in or submit a photograph or video from your salon experience—whether tagged on social media or uploaded directly—you consent to its potential use in our online gallery, social profiles, review highlights, or advertisements.
If you wish to revoke permission for a specific image or review to be used, please contact us at [email protected] and we will make reasonable efforts to remove it from active promotional use.
You agree that your User Content must not:
a. Violate Laws.
Include any material that is defamatory, obscene, hateful, infringing, harassing, unlawful, or otherwise objectionable.
b. Mislead or Impersonate.
Include false information, impersonation of another individual, or deceptive or exaggerated claims.
c. Violate Privacy.
Disclose personal or sensitive information of yourself or others without consent.
d. Damage Reputation.
Be used to maliciously target Hair Etc, its team members, or its clients.
e. Contain Prohibited Content.
Include SHAFT content (sex, hate, alcohol, firearms, tobacco), spam, malware, or unrelated commercial promotion.
Hair Etc reserves the right—but not the obligation—to monitor, remove, or refuse any User Content at its sole discretion, including content that violates this Agreement or harms the Company’s reputation or community.
We are not liable for any loss or damage resulting from the use of or reliance on any User Content, whether posted by you or another client.
{{location.name}} respects the intellectual property rights of others and expects users of its Services to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, {{location.name}} has adopted a policy of terminating, in appropriate circumstances, users or account holders who are repeat infringers of intellectual property rights, including copyrights.
If you believe that any content available through the Services infringes upon your copyright or the copyright of someone you represent, you may submit a takedown notice in compliance with the DMCA by providing the following information in writing to our designated copyright agent:
Please include all of the following:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing, including specific location information (e.g., a direct URL or screenshot reference);
Your contact information, including name, address, telephone number, and email address;
A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Please send all DMCA notifications to:
Email: [email protected]
Subject Line: DMCA Copyright Infringement Notice
Knowingly misrepresenting that material or activity is infringing can subject you to liability under 17 U.S.C. § 512(f) for damages, including costs and attorneys' fees, incurred by the alleged infringer or Hair Etc.
Hair Etc welcomes and encourages feedback, suggestions, ideas, reviews, survey responses, and other forms of input from clients and users of the Services (“Feedback”). By submitting any Feedback—whether verbally, in writing, through email, SMS, online forms, reviews, social media, or other means—you acknowledge and agree to the following:
You grant Hair Etc a perpetual, worldwide, royalty-free, irrevocable, sublicensable, and transferable license
to use, reproduce, modify, publish, translate, display, and otherwise exploit your Feedback for any purpose related to the improvement, marketing, or delivery of our Services.
This includes, but is not limited to:
- Improving service quality or operational processes
- Developing new features or promotions
- Publishing anonymous reviews or testimonials
- Training team members or refining client interactions
You understand and agree that Hair Etc is not obligated to:
- Keep your Feedback confidential (unless specifically requested)
- Provide attribution or compensation for Feedback
- Use or act upon any specific suggestion or idea
Please do not submit any Feedback or content that you consider to be confidential or proprietary. {{location.name}} assumes no obligation to treat such submissions as confidential, and you waive any claim against us for the use or disclosure of such material.
By submitting Feedback, you represent and warrant that:
- You have the legal right to share the content; and
- The Feedback does not violate the rights of any third party
The information and content provided through Hair Etc’s Website, social media channels, marketing materials, SMS messages, in-salon displays, and other Services are intended for general informational purposes only and are not a substitute for personalized consultation, diagnosis, or professional advice specific to your hair type, scalp condition, health status, or personal preferences.
While our team strives to provide high-quality care and personalized recommendations, you acknowledge and agree to the following:
Hair services—including but not limited to coloring, bleaching, smoothing, chemical treatments, or styling—may produce
varying results depending on your hair type, texture, condition, prior treatments, or aftercare habits. No specific outcome is guaranteed.
By receiving services, you accept the inherent risks of cosmetic, chemical, or heat-based hair treatments and understand that results may differ from promotional photos, stylist consultations, or your expectations.
You are responsible for following any aftercare instructions provided by your stylist or the salon. Hair Etc is not liable for adverse results caused by:
- Failure to follow aftercare instructions
- Use of unapproved or incompatible home hair products
- Subsequent treatments performed elsewhere
If you are unsure about product compatibility, ingredient sensitivities, or service appropriateness, you should consult with your stylist or healthcare provider before proceeding.
You acknowledge that certain services involve the use of chemicals or products that may cause allergic reactions or sensitivities in some individuals. You are responsible for disclosing any known allergies or skin conditions prior to receiving services.
Hair Etc is not liable for any injury, irritation, or reaction resulting from your failure to provide accurate information or follow recommendations.
Any content presented through our digital or in-salon Services (including blog posts, social media tips, or stylist recommendations) is intended for general education or promotional purposes only. You assume all risk if you rely on such content for making decisions about your personal hair or health needs.
Hair Etc disclaims all liability and responsibility for any loss, injury, or dissatisfaction arising from the use of or reliance on such content.
Your privacy is important to Hair Etc. This section provides a high-level summary of how we collect, use, and protect your personal information. For a complete overview, please refer to our full Privacy Policy, which governs all data handling practices across our digital and in-person Services.
Through your use of our Services—including booking appointments, signing up for memberships, filling out forms, or communicating via SMS—we may collect the following personal information:
- Name, phone number, email address, and contact preferences
- Appointment history and service preferences
- Hair or skin condition disclosures, allergy information, or relevant notes voluntarily provided to us
- Payment details (processed via third-party payment processors)Communication history and interaction data
- SMS opt-in records and consent status
We use your information to:
- Schedule, confirm, and manage appointments
- Deliver membership services and benefits
- Send service reminders, receipts, confirmations, and client satisfaction requests
- Deliver promotional messages (if you’ve opted in)
- Personalize services and product recommendations
- Maintain accurate client records for safety and quality assurance
- Communicate updates about changes to our business, services, or policies
By providing your mobile number and opting in via our Website, forms, or text message, you consent to receive SMS messages from Hair Etc. These may include:
- Appointment confirmations and reminders
- Membership renewal notices
- Limited-time promotions or salon announcements
- Customer service responses
Message frequency varies. You can opt out at any time by replying “STOP” to any message. To get help, reply “HELP” or contact us directly at (951) 848-5545 or by emailing [email protected]. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
We retain detailed opt-in records and consent time stamps in accordance with federal SMS compliance requirements and Go High Level’s A2P 10DLC standards.
All text messaging originator opt-in data and consent information will not be shared with third parties, except as needed with aggregators or SMS delivery providers who facilitate message delivery on our behalf.
- Your mobile number will never be sold, rented, or shared for marketing purposes
- Opt-in data is used solely for communication related to Hair Etc’s Services
- We follow carrier regulations and privacy best practices for message frequency and disclosures
We use secure third-party platforms (including Go High Level CRM) to manage client interactions, bookings, messaging, and service records. These providers may process your data according to their own privacy and security standards. We maintain agreements with such providers to ensure responsible handling of client data.
We retain your data only as long as necessary to fulfill the purpose it was collected for, unless otherwise required by law. Hair Etc implements commercially reasonable technical and administrative security measures to protect your personal information from unauthorized access or disclosure.
No data transmission or storage system can be guaranteed to be 100% secure. By using the Services, you acknowledge and accept this inherent risk.
Hair Etc uses artificial intelligence (“AI”) technologies in a limited capacity to support communication with leads and clients. These AI-powered systems may assist in booking appointments, answering common questions, following up with inquiries, or responding to messages during off-hours.
AI systems may engage in communication with you through:
- Voice calls (e.g., automated voice agents confirming or booking appointments)
- Text messages and SMS (e.g., chatbot replies for service inquiries or rescheduling)
- Email communication (e.g., lead follow-up or reminders initiated by AI)
These systems operate based on scripted decision trees, keyword recognition, and machine-learning models trained to simulate human interaction.
When interacting with our AI systems, you may be speaking or texting with a machine-operated agent rather than a human. We are committed to transparency and strive to clearly indicate when AI is in use. You may request human support at any time by responding with “HUMAN”, “AGENT”, or contacting us directly at (951) 848-5545 or [email protected].
Certain phone calls—whether handled by AI or a live team member—may be recorded for quality assurance, training, and documentation purposes. By continuing a phone conversation with us, you consent to the recording of the call.
If you do not wish to be recorded, please notify us immediately at the beginning of the call or request an alternative communication method (e.g., SMS or email).
AI-powered tools may collect and process the following information:
- Transcripts of text or voice conversations
- Appointment preferences or service requests
- Contact information (name, phone, email)
- Time, date, and duration of interactions
- Keywords or phrases used to route your request
This data is handled in accordance with our Privacy Policy and is used solely to improve service efficiency and support client communication.
AI systems may occasionally generate responses that are inaccurate, incomplete, or inconsistent. While we strive to maintain quality and accuracy, Hair Etc cannot guarantee the performance or appropriateness of AI-generated messages.
You should not rely solely on automated responses for important decisions regarding service suitability, pricing, or booking accuracy. For any uncertainty, we encourage you to reach out to a human staff member directly.
By using our Services, you acknowledge and accept that:
- You may interact with automated AI systems
- AI interactions may be recorded and analyzed
- Errors or misunderstandings may occasionally occur
- You are responsible for reviewing any appointments, confirmations, or suggestions generated by AI
Hair Etc reserves the right, at its sole discretion, to suspend or terminate your access to any or all of its Services—whether digital or in-person—at any time, with or without notice, and for any reason, including but not limited to:
- Violation of this Agreement
- Abuse of staff, systems, memberships, or promotional offers
- Fraudulent or unauthorized activity
- Failure to comply with payment terms
- Harassment of team members or clients
- Use of false or misleading information when booking or interacting with the salon
Termination may include deletion of your account, revocation of membership access, forfeiture of unused membership benefits, and permanent denial of future appointments or services.
You may terminate your relationship with Hair Etc at any time by:
- Canceling your membership (see Section 5 for conditions)
- Requesting account deletion or opting out of communications
- Discontinuing the use of our Website, SMS service, or in-salon services
Termination requests may be made via email to [email protected] or by phone/text at (951) 848-5545.
Upon termination:
- Any licenses or access rights granted under this Agreement will immediately cease
- Unused membership benefits may be forfeited if not covered by our refund or pause policies
- Hair Etc may delete all User Content or account-related data unless required to retain it by law or for business/legal compliance
You acknowledge that Hair Etc shall not be liable for any damages or losses resulting from suspension or termination of your access to Services. Termination does not waive any rights, remedies, or obligations accrued prior to the effective date of termination.
THE SERVICES PROVIDED BY Hair Etc—INCLUDING IN-PERSON SALON SERVICES, DIGITAL COMMUNICATIONS, WEBSITE CONTENT, AND BOOKING TOOLS—ARE OFFERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, Hair Etc DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- TITLE, ACCURACY, RELIABILITY, OR NON-INFRINGEMENT
- QUIET ENJOYMENT OR EXPECTATION OF RESULTS
Without limiting the foregoing, Hair Etc makes no warranty that:
- The Services will meet your expectations or desired outcomes
- Hair treatments or services will produce guaranteed or identical results for all clients
- Website or booking tools will be available at all times or free from errors, interruptions, or defects
- Any information, promotional materials, or stylist recommendations are comprehensive or medically appropriate
- Messages sent via SMS or email will be received in real-time or without delay
You acknowledge that hair services involve subjective results that vary based on hair history, care, texture, and many personal factors. No specific style, outcome, or transformation can be guaranteed, even when shown in photos or examples.
Any advice or content provided through Hair Etc—including blogs, texts, social media, or direct communication—is for general information purposes only and does not constitute professional advice, unless expressly stated.
To the fullest extent allowed by law, Hair Etc is not responsible for:
- Damages to your personal property, hair, or appearance
- Lost appointments, delays, or missed communications due to platform issues
- Errors or omissions in any published content
- Third-party tools, integrations, or payment processors
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL Hair Etc, ITS OWNERS, PARTNERS, EMPLOYEES, STYLISTS, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO:
- LOSS OF USE, INCOME, REVENUE, OR PROFITS
- LOSS OF DATA OR CLIENT INFORMATION
- LOSS OF GOODWILL OR REPUTATION
- DISSATISFACTION WITH SERVICE OUTCOMES
- DAMAGE TO PERSONAL PROPERTY, HAIR, OR APPEARANCE
- INTERRUPTION OF APPOINTMENTS OR SERVICE ACCESS
- ANY OTHER DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
This limitation applies regardless of the theory of liability—whether based in contract, tort, negligence, strict liability, or otherwise—even if Hair Etc was advised of the possibility of such damages.
IN NO EVENT SHALL Hair Etc’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS PROVIDED EXCEED:
THE AMOUNT PAID BY YOU TO Hair Etc IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100.00),
WHICHEVER IS GREATER.
Some states or jurisdictions do not allow the exclusion or limitation of certain types of damages, so portions of this Section may not apply to you. In such cases, Hair Etc’s liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless Hair Etc, its owners, partners, employees, contractors, stylists, affiliates, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, disputes, liabilities, damages, losses, costs, and expenses of any kind (including attorneys’ fees and court costs) arising out of or relating to:
- Your use or misuse of the Services
- Your violation of this Agreement or any applicable law or regulation
- Your breach of any representation or warranty set forth in this Agreement
- Your User Content, Feedback, or public statements about Hair Etc
- Any injury, loss, or harm caused to other clients, staff, or property due to your conduct
- Any claims brought by third parties relating to your actions or interactions with Hair Etc or its Services
Hair Etc reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such case, you agree to fully cooperate with our defense, settlement negotiations, and any applicable proceedings.
This indemnification obligation survives the termination of this Agreement and your use of the Services.
This Agreement and any disputes, claims, or causes of action arising out of or relating to your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree that California law will apply regardless of where you access or use the Services.
YOU AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR RELATIONSHIP WITH Hair Etc—INCLUDING THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF—SHALL BE RESOLVED THROUGH BINDING ARBITRATION, NOT IN COURT.
- The arbitration shall be conducted in San Bernardino County, California, and administered by the American Arbitration Association (AAA) in accordance with its rules.
- One arbitrator shall be selected and empowered to resolve all claims.
- The arbitrator’s decision shall be final and binding, and judgment may be entered in any court with appropriate jurisdiction.
YOU UNDERSTAND AND AGREE THAT:
- YOU MAY BRING CLAIMS AGAINST Hair Etc ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
- YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS ARBITRATION AGAINST Hair Etc.
- THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MULTIPLE INDIVIDUALS INTO A SINGLE PROCEEDING.
If a court of competent jurisdiction finds that any part of this waiver is unenforceable, the affected claim shall be severed and may proceed in court—but all other claims shall remain subject to arbitration.
In any arbitration or legal proceeding, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, arbitration costs, expert witness fees, and any other related legal expenses, unless the arbitrator determines otherwise for good cause.
ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT, THE CLAIM IS PERMANENTLY BARRED.
No failure or delay by Hair Etc in exercising any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof. Any waiver must be express and in writing to be effective.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions shall continue in full force and effect. Any invalid or unenforceable portion shall be interpreted in a manner consistent with applicable law to reflect, as closely as possible, the original intent.
This Agreement, along with our Privacy Policy and any additional written service-specific terms, constitutes the entire agreement between you and Hair Etc and supersedes all prior agreements, communications, or understandings (whether written or oral) relating to the Services.
You may not assign, delegate, or transfer your rights or obligations under this Agreement without the prior written consent of Hair Etc. Any unauthorized assignment shall be null and void. Hair Etc may assign this Agreement at any time without notice or restriction.
Hair Etc shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, power outages, pandemics, labor strikes, governmental orders, internet outages, or third-party service interruptions.
Nothing in this Agreement shall be construed as creating any partnership, agency, employment, franchise, or joint venture between you and Hair Etc. You have no authority to bind or act on behalf of the Company in any capacity.
This Agreement is for the exclusive benefit of you and Hair Etc. It is not intended to benefit any third party, and no third party shall have any rights to enforce any term of this Agreement.
Program Name: Hair Etc SMS Alerts
Our SMS program provides text messages for appointment reminders, event notifications, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services.
You can cancel the SMS service at any time. Simply text "STOP" to the shortcode (number provided). Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, or text "START" to resume receiving messages.
If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance, or contact us directly at:
Email: [email protected]
Carriers are not liable for delayed or undelivered messages.
Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.
By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on the services you use, you may receive messages on a recurring basis. You are not required to consent to receive recurring messages as a condition of purchasing any goods or services.
Our SMS messages will never contain:
- Phishing attempts, smishing, or social engineering to manipulate you into sharing private information
- Illegal content (we comply with all federal, state, and industry regulations)
- SHAFT content (sex, hate, alcohol, firearms, and tobacco) that is not permitted by applicable law or carrier policies
All text messaging originator opt-in data and consent information will not be shared with any third parties, except for aggregators and service providers necessary to deliver our text messaging service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.
For privacy-related inquiries regarding our SMS program, please refer to our full Privacy Policy: https://hairetcfontana.com/privacy-policy
Hair Etc implements reasonable security measures to protect your personal information in accordance with industry standards. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable methods to safeguard your information, we cannot guarantee absolute security.
We aim to maintain high uptime and availability for our website, booking tools, and communication platforms. However, we do not guarantee uninterrupted access to our Services and shall not be liable for any service interruptions, outages, or downtime caused by technical issues, third-party providers, or circumstances beyond our control.
Unless otherwise stated at the time of purchase, all sales of services, products, and memberships are considered final and non-refundable. In limited cases, refunds may be granted at Hair Etc’s sole discretion and will be processed using the original method of payment.
You are responsible for ensuring that all account and contact information you provide to Hair Etc remains accurate and up to date. Failure to do so may result in service interruptions, miscommunication, or billing issues.
All rights not expressly granted to you in this Agreement are reserved by Hair Etc.
BY PURCHASING OR USING OUR PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO SUE Hair Etc IN COURT OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. All disputes will be resolved exclusively through binding arbitration, as described in Section 17.2. This waiver is intended to protect against frivolous or excessive legal claims.
You agree not to bring, participate in, or support any vexatious, frivolous, or bad-faith legal action against Hair Etc. If you attempt to circumvent the arbitration provision, we reserve the right to recover all legal costs, attorney’s fees, and related expenses in defending against such actions, regardless of outcome.
You agree that you will not file any lawsuit or legal action against Hair Etc, its employees, stylists, contractors, owners, or affiliates in any jurisdiction for claims arising out of or related to your use of our Services.
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS.
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 8 (Copyright Infringement). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:
Email: [email protected]
Last Updated: March 5, 2025
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