TERMS AND CONDITIONS

Last updated September 28, 2024

AGREEMENT TO OUR LEGAL TERMS

We are MadMen Haircuts (“Company,” “we,” “us,” “our“), a

company registered in New York, United States at 315 Madison Avenue,

Suite 506, New York, NY 10017.

We operate the website https://madmenhaircuts.com (the “Site“), as well as

any other related products and services that refer or link to these legal terms

(the “Legal Terms“) (collectively, the “Services“).

We provide Men’s Salon and Barbershop grooming services in New York, NY.

You can contact us by phone at 929-797-1158, email at

amory@madmenhaircuts.com, or by mail to 315 Madison Avenue, Suite 506,

New York, NY 10017, United States.

These Legal Terms constitute a legally binding agreement made between

you, whether personally or on behalf of an entity (“you“), and MadMen Haircuts, concerning your access to and use of the

Services. You agree that by accessing the Services, you have read,

understood, and agreed to be bound by all of these Legal Terms. IF YOU DO

NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE

EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU

MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the

Services from time to time are hereby expressly incorporated herein by

reference. We reserve the right, in our sole discretion, to make changes or

modifications to these Legal Terms at any time and for any reason. We will

alert you about any changes by updating the “Last updated” date of these

Legal Terms, and you waive any right to receive specific notice of each such

change. It is your responsibility to periodically review these Legal Terms to

stay informed of updates. You will be subject to, and will be deemed to have

been made aware of and to have accepted, the changes in any revised Legal

Terms by your continued use of the Services after the date such revised

Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons

under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

TABLE OF CONTENTS

  1. OUR SERVICES
  2. INTELLECTUAL PROPERTY RIGHTS
  3. USER REPRESENTATIONS
  4. PURCHASES AND PAYMENT
  5. POLICY
  6. PROHIBITED ACTIVITIES
  7. USER GENERATED CONTRIBUTIONS
  8. CONTRIBUTION LICENSE
  9. THIRD-PARTY WEBSITES AND CONTENT
  10. SERVICES MANAGEMENT
  11. PRIVACY POLICY
  12. TERM AND TERMINATION
  13. MODIFICATIONS AND INTERRUPTIONS
  14. GOVERNING LAW
  15. DISPUTE RESOLUTION
  16. CORRECTIONS
  17. DISCLAIMER
  18. LIMITATIONS OF LIABILITY
  19. INDEMNIFICATION
  20. USER DATA
  21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

  1. CALIFORNIA USERS AND RESIDENTS
  2. MISCELLANEOUS
  3. CONTACT US
  1. OUR SERVICES

The information provided when using the Services is not intended for

distribution to or use by any person or entity in any jurisdiction or country

where such distribution or use would be contrary to law or regulation or which

would subject us to any registration requirement within such jurisdiction or

country. Accordingly, those persons who choose to access the Services from

other locations do so on their own initiative and are solely responsible for

compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations

(Health Insurance Portability and Accountability Act (HIPAA), Federal

Information Security Management Act (FISMA), etc.), so if your interactions

would be subjected to such laws, you may not use the Services. You may not

use the Services in a way that would violate the Gramm-Leach-Bliley Act

(GLBA).

  1. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our

Services, including all source code, databases, functionality, software,

website designs, audio, video, text, photographs, and graphics in the

Services (collectively, the “Content”), as well as the trademarks, service

marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and

various other intellectual property rights and unfair competition laws) and

treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for

your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the

“PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive,

non-transferable, revocable license to:

access the Services; and

download or print a copy of any portion of the Content to which you

have properly gained access.

solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of

the Services and no Content or Marks may be copied, reproduced,

aggregated, republished, uploaded, posted, publicly displayed, encoded,

translated, transmitted, distributed, sold, licensed, or otherwise exploited for

any commercial purpose whatsoever, without our express prior written

permission.

If you wish to make any use of the Services, Content, or Marks other than as

set out in this section or elsewhere in our Legal Terms, please address your

request to: amory@madmenhaircuts.com. If we ever grant you the permission

to post, reproduce, or publicly display any part of our Services or Content,

you must identify us as the owners or licensors of the Services, Content, or

Marks and ensure that any copyright or proprietary notice appears or is

visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services,

Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material

breach of our Legal Terms and your right to use our Services will terminate

immediately.

Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section

carefully prior to using our Services to understand the (a) rights you give us

and (b) obligations you have when you post or upload any content through

the Services.

Submissions: By directly sending us any question, comment, suggestion,

idea, feedback, or other information about the Services (“Submissions”), you

agree to assign to us all intellectual property rights in such Submission. You

agree that we shall own this Submission and be entitled to its unrestricted

use and dissemination for any lawful purpose, commercial or otherwise,

without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us

Submissions through any part of the Services you:

  • confirm that you have read and agree with our “PROHIBITED

ACTIVITIES” and will not post, send, publish, upload, or transmit

through the Services any Submission that is illegal, harassing, hateful,

harmful, defamatory, obscene, bullying, abusive, discriminatory,

threatening to any person or group, sexually explicit, false, inaccurate,

deceitful, or misleading;

  • to the extent permissible by applicable law, waive any and all moral

rights to any such Submission;

  • warrant that any such Submission are original to you or that you have

the necessary rights and licenses to submit such Submissions and that

you have full authority to grant us the above-mentioned rights in

relation to your Submissions; and

warrant and represent that your Submissions do not constitute

confidential information.

You are solely responsible for your Submissions and you expressly agree to

reimburse us for any and all losses that we may suffer because of your

breach of (a) this section, (b) any third party’s intellectual property rights, or

(c) applicable law.

  1. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal

capacity and you agree to comply with these Legal Terms; (2) you are not a

minor in the jurisdiction in which you reside; (3) you will not access the

Services through automated or non-human means, whether through a bot,

script or otherwise; (4) you will not use the Services for any illegal or

unauthorized purpose; and (5) your use of the Services will not violate any

applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or

incomplete, we have the right to suspend or terminate your account and

refuse any and all current or future use of the Services (or any portion

thereof).

  1. PURCHASES AND PAYMENT

We accept the following forms of payment:

– Visa

– Mastercard

– American Express

– Discover

– Cash

– Google Wallet

– Apple Pay

– Venmo

You agree to provide current, complete, and accurate purchase and account

information for all purchases made via the Services. You further agree to

promptly update account and payment information, including email address,

payment method, and payment card expiration date, so that we can complete

your transactions and contact you as needed. Sales tax will be added to the

price of purchases as deemed required by us. We may change prices at any

time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases

and any applicable shipping fees, and you authorize us to charge your

chosen payment provider for any such amounts upon placing your order. We

reserve the right to correct any errors or mistakes in pricing, even if we have

already requested or received payment.

We reserve the right to refuse any order placed through the Services. We

may, in our sole discretion, limit or cancel quantities purchased per person,

per household, or per order. These restrictions may include orders placed by

or under the same customer account, the same payment method, and/or

orders that use the same billing or shipping address. We reserve the right to

limit or prohibit orders that, in our sole judgment, appear to be placed by

dealers, resellers, or distributors.

  1. POLICY

Please review our Return Policy posted on the Services prior to making any

purchases.

  1. PROHIBITED ACTIVITIES

 

You may not access or use the Services for any purpose other than that for

which we make the Services available. The Services may not be used in

connection with any commercial endeavors except those that are specifically

endorsed or approved by us.

As a user of the Services, you agree not to:

  • Systematically retrieve data or other content from the Services to

create or compile, directly or indirectly, a collection, compilation,

database, or directory without written permission from us.

  • Trick, defraud, or mislead us and other users, especially in any attempt

to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related

features of the Services, including features that prevent or restrict the

use or copying of any Content or enforce limitations on the use of the

Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the

Services.

  • Use any information obtained from the Services in order to harass,

abuse, or harm another person.

  • Make improper use of our support services or submit false reports of

abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or

regulations.

  • Engage in unauthorized framing of or linking to the Services.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan

horses, or other material, including excessive use of capital letters and

spamming (continuous posting of repetitive text), that interferes with

any party’s uninterrupted use and enjoyment of the Services or

modifies, impairs, disrupts, alters, or interferes with the use, features,

functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to

send comments or messages, or using any data mining, robots, or

similar data gathering and extraction tools.

  • Delete the copyright or other proprietary rights notice from any

Content.

  • Attempt to impersonate another user or person or use the username of

another user.

  • Upload or transmit (or attempt to upload or to transmit) any material

that acts as a passive or active information collection or transmission

mechanism, including without limitation, clear graphics interchange

formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices

(sometimes referred to as “spyware” or “passive collection

mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Services or

the networks or services connected to the Services.

  • Harass, annoy, intimidate, or threaten any of our employees or agents

engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent

or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services’ software, including but not limited to

Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile,

disassemble, or reverse engineer any of the software comprising or in

any way making up a part of the Services.

  • Except as may be the result of standard search engine or Internet

browser usage, use, launch, develop, or distribute any automated

system, including without limitation, any spider, robot, cheat utility,

scraper, or offline reader that accesses the Services, or use or launch

any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the

Services.

  • Make any unauthorized use of the Services, including collecting

usernames and/or email addresses of users by electronic or other

means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretenses.

  • Use the Services as part of any effort to compete with us or otherwise

use the Services and/or the Content for any revenue-generating

endeavor or commercial enterprise.

  1. USER GENERATED CONTRIBUTIONS

 

The Services does not offer users to submit or post content. We may provide

you with the opportunity to create, submit, post, display, transmit, perform,

publish, distribute, or broadcast content and materials to us or on the

Services, including but not limited to text, writings, video, audio, photographs,

graphics, comments, suggestions, or personal information or other material

(collectively, “Contributions”). Contributions may be viewable by other users

of the Services and through third-party websites. As such, any Contributions

you transmit may be treated in accordance with the Services’ Privacy Policy.

When you create or make available any Contributions, you thereby represent

and warrant that:

  • The creation, distribution, transmission, public display, or performance,

and the accessing, downloading, or copying of your Contributions do

not and will not infringe the proprietary rights, including but not limited

to the copyright, patent, trademark, trade secret, or moral rights of any

third party.

  • You are the creator and owner of or have the necessary licenses,

rights, consents, releases, and permissions to use and to authorize us,

the Services, and other users of the Services to use your Contributions

in any manner contemplated by the Services and these Legal Terms.

  • You have the written consent, release, and/or permission of each and

every identifiable individual person in your Contributions to use the

name or likeness of each and every such identifiable individual person

to enable inclusion and use of your Contributions in any manner

contemplated by the Services and these Legal Terms.

  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising,

promotional materials, pyramid schemes, chain letters, spam, mass

mailings, or other forms of solicitation.

  • Your Contributions are not obscene, lewd, lascivious, filthy, violent,

harassing, libelous, slanderous, or otherwise objectionable (as

determined by us).

  • Your Contributions do not ridicule, mock, disparage, intimidate, or

abuse anyone.

  • Your Contributions are not used to harass or threaten (in the legal

sense of those terms) any other person and to promote violence

against a specific person or class of people.

  • Your Contributions do not violate any applicable law, regulation, or

rule.

  • Your Contributions do not violate the privacy or publicity rights of any

third party.

  • Your Contributions do not violate any applicable law concerning child

pornography, or otherwise intended to protect the health or well-being

of minors.

  • Your Contributions do not include any offensive comments that are

connected to race, national origin, gender, sexual preference, or

physical handicap.

  • Your Contributions do not otherwise violate, or link to material that

violates, any provision of these Legal Terms, or any applicable law or

regulation.

Any use of the Services in violation of the foregoing violates these Legal

Terms and may result in, among other things, termination or suspension of

your rights to use the Services.

  1. CONTRIBUTION LICENSE

 

You and Services agree that we may access, store, process, and use any

information and personal data that you provide following the terms of the

Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you

agree that we can use and share such feedback for any purpose without

compensation to you.

We do not assert any ownership over your Contributions. You retain full

ownership of all of your Contributions and any intellectual property rights or

other proprietary rights associated with your Contributions. We are not liable

for any statements or representations in your Contributions provided by you

in any area on the Services. You are solely responsible for your Contributions

to the Services and you expressly agree to exonerate us from any and all

responsibility and to refrain from any legal action against us regarding your

Contributions.

  1. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other

websites (“Third-Party Websites”) as well as articles, photographs, text,

graphics, pictures, designs, music, sound, video, information, applications,

software, and other content or items belonging to or originating from third

parties (“Third-Party Content”). Such Third-Party Websites and Third-Party

Content are not investigated, monitored, or checked for accuracy,

appropriateness, or completeness by us, and we are not responsible for any

Third-Party Websites accessed through the Services or any Third-Party

Content posted on, available through, or installed from the Services,

including the content, accuracy, offensiveness, opinions, reliability, privacy

practices, or other policies of or contained in the Third-Party Websites or the

Third-Party Content. Inclusion of, linking to, or permitting the use or

installation of any Third-Party Websites or any Third-Party Content does not

imply approval or endorsement thereof by us. If you decide to leave the

Services and access the Third-Party Websites or to use or install any Third-

Party Content, you do so at your own risk, and you should be aware these

Legal Terms no longer govern. You should review the applicable terms and

policies, including privacy and data gathering practices, of any website to

which you navigate from the Services or relating to any applications you use

or install from the Services. Any purchases you make through Third-Party

Websites will be through other websites and from other companies, and we

take no responsibility whatsoever in relation to such purchases which are

exclusively between you and the applicable third party. You agree and

acknowledge that we do not endorse the products or services offered on

Third-Party Websites and you shall hold us blameless from any harm caused

by your purchase of such products or services. Additionally, you shall hold us

blameless from any losses sustained by you or harm caused to you relating

to or resulting in any way from any Third-Party Content or any contact with

Third-Party Websites.

  1. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for

violations of these Legal Terms; (2) take appropriate legal action against

anyone who, in our sole discretion, violates the law or these Legal Terms,

including without limitation, reporting such user to law enforcement

authorities; (3) in our sole discretion and without limitation, refuse, restrict

access to, limit the availability of, or disable (to the extent technologically

feasible) any of your Contributions or any portion thereof; (4) in our sole

discretion and without limitation, notice, or liability, to remove from the

Services or otherwise disable all files and content that are excessive in size

or are in any way burdensome to our systems; and (5) otherwise manage the

Services in a manner designed to protect our rights and property and to

facilitate the proper functioning of the Services.

  1. PRIVACY POLICY

 

We care about data privacy and security. Please review our Privacy

Policy: https://madmenhaircuts.com/privacy-policy. By using the Services, you

agree to be bound by our Privacy Policy, which is incorporated into these

Legal Terms. Please be advised the Services are hosted in the United States.

If you access the Services from any other region of the world with laws or

other requirements governing personal data collection, use, or disclosure that

differ from applicable laws in the United States, then through your continued

use of the Services, you are transferring your data to the United States, and

you expressly consent to have your data transferred to and processed in the

United States.

  1. TERM AND TERMINATION

 

These Legal Terms shall remain in full force and effect while you use the

Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE

LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO

AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP

ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO

REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE

LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE

MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR

DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY

TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited

from registering and creating a new account under your name, a fake or

borrowed name, or the name of any third party, even if you may be acting on

behalf of the third party. In addition to terminating or suspending your

account, we reserve the right to take appropriate legal action, including

without limitation pursuing civil, criminal, and injunctive redress.

  1. MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the

Services at any time or for any reason at our sole discretion without notice.

However, we have no obligation to update any information on our Services.

We will not be liable to you or any third party for any modification, price

change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may

experience hardware, software, or other problems or need to perform

maintenance related to the Services, resulting in interruptions, delays, or

errors. We reserve the right to change, revise, update, suspend, discontinue,

or otherwise modify the Services at any time or for any reason without notice

to you. You agree that we have no liability whatsoever for any loss, damage,

or inconvenience caused by your inability to access or use the Services

during any downtime or discontinuance of the Services. Nothing in these

Legal Terms will be construed to obligate us to maintain and support the

Services or to supply any corrections, updates, or releases in connection

therewith.

  1. GOVERNING LAW

 

These Legal Terms and your use of the Services are governed by and

construed in accordance with the laws of the State of New York applicable to

agreements made and to be entirely performed within the State of New

York, without regard to its conflict of law principles.

  1. DISPUTE RESOLUTION

 

Any legal action of whatever nature brought by either you or us (collectively,

the “Parties” and individually, a “Party”) shall be commenced or prosecuted in

the state and federal courts located in New York County, New York, and the

Parties hereby consent to, and waive all defenses of lack of personal

jurisdiction and forum non conveniens with respect to venue and jurisdiction

in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the Uniform

Computer Information Transaction Act (UCITA) are excluded from these

Legal Terms. In no event shall any claim, action, or proceeding brought by

either Party related in any way to the Services be commenced more than one

(1) years after the cause of action arose.

  1. CORRECTIONS

 

There may be information on the Services that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and

various other information. We reserve the right to correct any errors,

inaccuracies, or omissions and to change or update the information on the

Services at any time, without prior notice.

  1. DISCLAIMER

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE

BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT

YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE

DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION

WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT

LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE

ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR

THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED

TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR

RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR

INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY

OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING

FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY

UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS

AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL

INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR

CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY

BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD

PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT

AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR

OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY

HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION

FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL

NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRDPARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE

PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR

IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT

AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. LIMITATIONS OF LIABILITY

 

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR

AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,

INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR

PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS

OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE

SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY

CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE

WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU

TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT

ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION

OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO

YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS

MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

  1. INDEMNIFICATION

 

You agree to defend, indemnify, and hold us harmless, including our

subsidiaries, affiliates, and all of our respective officers, agents, partners, and

employees, from and against any loss, damage, liability, claim, or demand,

including reasonable attorneys’ fees and expenses, made by any third party

due to or arising out of: (1) use of the Services; (2) breach of these Legal

Terms; (3) any breach of your representations and warranties set forth in

these Legal Terms; (4) your violation of the rights of a third party, including

but not limited to intellectual property rights; or (5) any overt harmful act

toward any other user of the Services with whom you connected via the

Services. Notwithstanding the foregoing, we reserve the right, at your

expense, to assume the exclusive defense and control of any matter for

which you are required to indemnify us, and you agree to cooperate, at your

expense, with our defense of such claims. We will use reasonable efforts to

notify you of any such claim, action, or proceeding which is subject to this

indemnification upon becoming aware of it.

  1. USER DATA

We will maintain certain data that you transmit to the Services for the purpose

of managing the performance of the Services, as well as data relating to your

use of the Services. Although we perform regular routine backups of data,

you are solely responsible for all data that you transmit or that relates to any

activity you have undertaken using the Services. You agree that we shall

have no liability to you for any loss or corruption of any such data, and you

hereby waive any right of action against us arising from any such loss or

corruption of such data.

  1. ELECTRONIC COMMUNICATIONS,

TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms

constitute electronic communications. You consent to receive electronic

communications, and you agree that all agreements, notices, disclosures,

and other communications we provide to you electronically, via email and on

the Services, satisfy any legal requirement that such communication be in

writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC

SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO

ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE

SERVICES. You hereby waive any rights or requirements under any statutes,

regulations, rules, ordinances, or other laws in any jurisdiction which require

an original signature or delivery or retention of non-electronic records, or to

payments or the granting of credits by any means other than electronic

means.

  1. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the

Complaint Assistance Unit of the Division of Consumer Services of the

California Department of Consumer Affairs in writing at 1625 North Market

Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)

952-5210 or (916) 445-1254.

  1. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the

Services or in respect to the Services constitute the entire agreement and

understanding between you and us. Our failure to exercise or enforce any

right or provision of these Legal Terms shall not operate as a waiver of such

right or provision. These Legal Terms operate to the fullest extent permissible

by law. We may assign any or all of our rights and obligations to others at any

time. We shall not be responsible or liable for any loss, damage, delay, or

failure to act caused by any cause beyond our reasonable control. If any

provision or part of a provision of these Legal Terms is determined to be

unlawful, void, or unenforceable, that provision or part of the provision is

deemed severable from these Legal Terms and does not affect the validity

and enforceability of any remaining provisions. There is no joint venture,

partnership, employment or agency relationship created between you and us

as a result of these Legal Terms or use of the Services. You agree that these

Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the

electronic form of these Legal Terms and the lack of signing by the parties

hereto to execute these Legal Terms.

  1. CONTACT US

In order to resolve a complaint regarding the Services or to receive further

information regarding use of the Services, please contact us at:

MadMen Haircuts

315 Madison Avenue

Suite 506

New York, NY 10017

United States

Phone: 929-797-1158

amory@madmenhaircuts.com

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