TERMS AND CONDITIONS
Welcome to My Curls Understood! Curls Understood, LLC (“Curls Understood” or “Company”) is the operator of the www.CurlsUnderstood.com site and its sub domains www.My.CurlsUnderstood.com and www.Box.CurlsUnderstood.com (all referenced as the “Site”).
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site will constitute your acceptance of any such changes.
Registration and Passwords
The Subscription Contract Between You And Us
Curls Understood offers four subscription types: rebillable monthly subscriptions (“Monthly Subscriptions”); prepaid quarterly subscriptions (“Quarterly Subscriptions”); prepaid annual subscriptions (“Annual Subscriptions”); and prepaid gift subscriptions of three, six or twelve months (“Gift Subscriptions”). We don't accept returns on boxes or products once purchased.
By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must login to your account and follow the cancellation procedures or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term. Curls Understood may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Curls Understood reasonably could act.
By purchasing a Quarterly Subscription, you acknowledge that your subscription has an initial pre-payment feature for three months of service. At the end of the three months, your subscription will be automatically extended for another term of three months and your payment method will automatically be charged for each successive quarterly period. To cancel your Quarterly Subscription at any time, you must login to your account and follow the cancellation procedures or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.
By purchasing an Annual Subscription, you acknowledge that your subscription has an initial pre-payment feature for one full year of service. At the end of the year, your subscription will be automatically extended for another term of one year and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. You may only cancel your Annual Subscription during the first month of the subscription. To cancel your Annual Subscription at any time, you must login to your account and follow the cancellation procedures or email us and we will do it for you. If you cancel, you may use your subscription until the end of your then-current subscription term.
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
No Professional Advice
Any product or other information (for example, product ingredients, instruction for a particular product beauty use) is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area. Curls Understood takes no responsibility and assumes no liability for any information that you or any other user reads on third party sites. In those cases the third party's site terms apply.
Product Information; Limitation on Quantities
We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
All trademarks, service marks and trade names of Curls Understood used in the Site are trademarks or registered trademarks of Curls Understood.
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Curls Understood. The collective work includes works that are licensed to Curls Understood. Copyright 2015, Curls Understood ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with Curls Understood or purchasing Curls Understood products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with Curls Understood or to purchase Curls Understood products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by Curls Understood. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.
Curls Understood cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Limitation of Liability
IN NO EVENT SHALL CURLS UNDERSTOOD, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF CURLS UNDERSTOOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF CURLS UNDERSTOOD, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO CURLS UNDERSTOOD IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Curls Understood to partially or fully exercise any rights or the waiver of Curls Understood of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Curls Understood or be deemed a waiver by Curls Understood of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Curls Understood under these Terms and any other applicable agreement between you and Curls Understood shall be cumulative, and the exercise of any such right or remedy shall not limit Curls Understood’s right to exercise any other right or remedy.
The laws of Washington, DC shall govern these Terms without regard to conflict of laws provisions.
Any dispute relating in any way to your visit to, or use of, the Site, to the products you purchase through the Site (including a subscription), or to your relationship to Curls Understood shall be submitted to confidential arbitration in Washington, DC; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Washington DC, and the laws of Washington DC shall govern. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Washington DC. Arbitration under these Terms will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The prevailing party must recover attorney fees.
YOU AND CURLS UNDERSTOOD AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Curls Understood agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.