Hairtalk® Websites Terms & Conditions of Use
Welcome to our websites. We have adopted this hairtalk® Websites Terms & Conditions of Use (“Terms”) to further the relationship between us, International Designs Corporation, LLC, (“us”, “we”, or “IDC”) the owner of the hairtalk® website www.hairtalkusa.com, and the hairtalk® shop, www.shop.hairtalkusa.com (collectively, the “Sites”), and you, the user of the Sites (“User”, or “you”). Please review these Terms carefully before using the Sites. If you do not agree to the Terms, you should not use the Sites. By using the Sites, you agree to comply with and be bound by the following Terms:
- Agreement. This hairtalk® Websites Terms & Conditions of Use is an agreement between IDC and the User (“the “Agreement”) that specifies the Terms for access to and use of the Sites and describes the Terms applicable to your access of and use of the Sites. This Agreement may be modified at any time by IDC upon posting of a modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time on the Sites. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
- Ownership. All content or intellectual property included on the Sites are and shall continue to be the property of IDC or its content suppliers and is protected by law, including applicable copyright, patent, trademark, or any other proprietary rights. Any copying, redistribution, use or publication by you of any such content or of any part of the Sites is prohibited, except as expressly permitted in this Agreement or by IDC in writing. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of the Sites.
- Intended Audience. The Sites are intended for adults only. This Sites are not intended for any children under the age of 18, and anyone under the age of 18 are prohibited from using the Sites.
- Intellectual Property. hairtalk® is a registered trademark of IDC or its licensors. There may be other trademarks, copyrights, or other intellectual property owned or licensed to IDC used on the Sites, and such intellectual property may not be used, copied, distributed, or published without the express written consent of IDC. Other product and company names mentioned on this Site may be trademarks of their respective owners and may not be used without express permission from the owners thereof.
- Site Use. IDC grants you a limited, revocable, non-exclusive license to use this site solely for your own personal use, however, such license does not include the right to use any IDC owned or licensed intellectual property or other property for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law or right. The use of the Sites are at the discretion of IDC and IDC may terminate your use of the Sites at any time.
- Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Sites. You further agree that information provided by you is truthful and accurate to the best of your knowledge. You agree to abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
- Indemnification. You agree to indemnify and hold IDC, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from the Sites.
- Disclaimer. THE INFORMATION ON THE SITES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THE SITES ARE AT YOUR SOLE RISK. IDC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITES SHALL BE TO DISCONTINUE USING THE SITES.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL IDC BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITES, YOUR USE OF THE SITES, OR THE CONTENT ON THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT IS TO CEASE ALL OF YOUR USE OF THE SITES.
- Copyrights and Copyright Agent. 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 copyright agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn: Solomon Schoonover
By Mail: 1051 NW 3rd, St., Hallandale Beach, FL 33009
By Phone: 954.963.9680 ext. 127
By E-mail: Legal@intldesigns.com
- Applicable Law. You agree that the laws of the state of Florida, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and IDC or its affiliates.
- Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
- Waiver. The failure of IDC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by IDC must be in writing and signed by an authorized representative of IDC.
- Modification and Termination of Site. IDC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or any service provided by the Sites (or any part thereof) with or without notice. You agree that IDC will not be liable to you or any third party for any modification, suspension or discontinuance of the Sites or any service.
- Relationship of the Parties. Nothing contained in this Agreement 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.
- Contact Information. If you have any questions regarding these Terms, please contact us at:
International Designs Corporation, LLC
1051 NW 3rd St.,
Hallandale Beach, FL 33009
These Terms were last updated August 13, 2019
- If you (“Customer") are registering as a Professional Account:
- hairtalk® Extensions (“Hairtalk) sells only to the wholesale trade. You (“Customer) affirm that you are a licensed cosmetologist in good standing or salon owner.
- Customer agrees to not repackage, to not resell wholesale, to not resell to end users packaged product and to not sell online.
- Hairtalk strongly urges proper certification and training before applying products to end users. Hairtalk shall not be held responsible for any application issues.
- Stylist agrees to only apply products within a professional salon environment.
- All information and forms necessary must be complete before an account can be set up.
- Hairtalk offers same day shipping for orders placed prior to 1:30 PM EST, but does not guarantee this service. If a shipment does not get shipped on the same day, Hairtalk is not responsible for a freight credit or upgrade as the service is not guaranteed.
- If an error is made as a result of inaccurate or obsolete information, Hairtalk will not be responsible for the mistake.
- Please be advised that each order called in is taken and then read back to the customer and confirmed by our sales staff. If the customer confirms the information, the order is confirmed as accurate by them.
- If your credit card is declined, please expect a delay in shipping.
- Orders under $40 are subject to a $5 handling charge.
- All shipments are FOB Hallandale Beach, Florida. Hairtalk does not guarantee third party shipping services such as UPS. We will assist our customers in any deficiency in third party shipping services but are not responsible for such deficiencies. All orders are therefore insured for the value of the shipment by the third-party service.
- No commercial reuse of Hairtalk’s trademark or other intellectual property rights are allowed without written permission from Hairtalk.
- Any past due accounts will be sent to a collection agency of Hairtalk’s choice, at Hairtalk’s discrepancy. Customer shall be responsible for any and all fees or expenses in connection with the collection of past due accounts, including attorneys fees.
These Terms were last updated February 1, 2022.