The Crown Jewel Hair Web site located at www.Crown Jewel Hair.com is a copyrighted work belonging to Crown Jewel Hair, llc (â€œCrown Jewel Hairâ€). Crown Jewel Hair provides an online store offering hair extensions.
1.1 Account Creation. In order to use certain features of the Web site (e.g., purchasing products and services (referred to collectively as â€œProductsâ€ herein) from the Web site), you must register for an account with Crown Jewel Hair (â€œCrown Jewel Hair Accountâ€) and provide certain information about yourself as prompted by the Web site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Web site does not violate any applicable law or regulation or the terms of this Agreement. You may de- activate your Crown Jewel Hair Account at any time, for any reason. Crown Jewel Hair may suspend or terminate your Crown Jewel Hair Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Crown Jewel Hair Account login information. You are fully responsible for all activities that are associated with your Crown Jewel Hair Account (including but not limited to any purchases, use of the Web site, or correspondence from your account to Crown Jewel Hair). You agree to immediately notify Crown Jewel Hair of any unauthorized use or suspected unauthorized use of your Crown Jewel Hair Account or any other breach of security. When you provide Crown Jewel Hair with such notice, Crown Jewel Hair will suspend or otherwise secure your Account to prevent future unauthorized activity.
2 Terms of Sale
2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability. Crown Jewel Hair reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that Crown Jewel Hair will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.
2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (â€œProduct Priceâ€), the delivery fees for the delivery service you select (â€œDelivery Feesâ€), and any applicable Taxes (defined below). Crown Jewel Hair will automatically bill your credit card or PayPal account submitted as part of the order process for such amounts, and you hereby authorize us to do so. You will be solely responsible for payment of all taxes (other than taxes directly imposed on Crown Jewel Hairâ€™s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (â€œTaxesâ€) not withheld by Crown Jewel Hair. All payments are non-refundable.
2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. You agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.
2.4 PayPal Purchases. Orders placed using a PayPal account as payment method will be processed upon submission, and funds may be transferred from your PayPal account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in Sections 2.1 and 2.3. This Section does not alter or amend any other Sections of this Agreement.
2.5 Shipping Policy. Any delivery dates provided by Crown Jewel Hair are estimates. Crown Jewel Hair reserves the right to make deliveries in installments. Crown Jewel Hair will send you an email when your order has shipped and you may review your order and shipping & handling information on your Crown Jewel Hair My Account page. We ship within the US (including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia, the European Union and many other countries throughout the world. (a) Exchanges. We do not accept any exchanges on custom products (b) Exchange Policy must be made within 7 days after the product shipment date. All exchanged products must be unused (e.g., not open, worn, washed, damaged, or altered) and exchanged in accordance with the instructions received from contacting customer service at firstname.lastname@example.org. You are solely responsible for the cost of shipping & handling for exchanged product. Unauthorized exchanges will not be accepted or received if mailed to our office.
3 Web site
3.1 License. Subject to the terms of this Agreement, Crown Jewel Hair grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. Crown Jewel Hair may terminate this license at any time for any reason.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of Crown Jewel Hair; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Crown Jewel Hairâ€™s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without Crown Jewel Hairâ€™s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.
3.3 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (â€œIntellectual Propertyâ€) (excluding any User Content) are owned by Crown Jewel Hair and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property.
4 User Content
4.1 User Content. â€œUser Contentâ€ of a Web site user means any and all information and content that such user submits to Crown Jewel Hair by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Crown Jewel Hair. Because you alone are responsible for your User Content (and not Crown Jewel Hair), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Crown Jewel Hair is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Crown Jewel Hair may delete User Content at any time.
4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to Crown Jewel Hair an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Web site, Crown Jewel Hair social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
4.3 Feedback. Crown Jewel Hair will treat any feedback, communications, or suggestions you provide to Crown Jewel Hair as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Crown Jewel Hair to the contrary, you agree that you will not submit to Crown Jewel Hair any information or ideas that you consider to be confidential or proprietary.
5 Acceptable Use Policy
The following sets forth Crown Jewel Hairâ€™s â€œAcceptable Use Policyâ€:
5.1 You agree not to use the Web site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of anotherâ€™s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
5.2 In addition, you agree not to commercially exploit the Web site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Web site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Web site, other computer systems or networks connected to or used together with the Web site, through password mining or other means; or (f) harass or interfere with another userâ€™s use and enjoyment of the Web site.
5.3 We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Crown Jewel Hair Account in accordance with Section 11, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Crown Jewel Hair Account username and password, IP address and traffic information, usage history, and your User Content.
6 Third Party Sites and Other Users 6.1 Third Party Sites. The Web site may contain links to, or advertisements for, third party web sites (collectively, â€œThird Party Sitesâ€) (for example, social media sites such as Facebook, Twitter, or Pinterest). Such Third Party Sites are not under the control of Crown Jewel Hair and Crown Jewel Hair is not responsible for any Third Party Sites. Crown Jewel Hair provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service providerâ€™s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
CROWN JEWEL HAIR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE AND CROWN JEWEL HAIR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. IF A SUPPLIER PROVIDES AN EXPRESS WARRANTY, THAT WARRANTY IS BETWEEN YOU AND THE SUPPLIER AND NOT CROWN JEWEL HAIR. NOTWITHSTANDING THE FOREGOING, IF A SUPPLIER OF A PRODUCT PROVIDES A WARRANTY FOR THE PRODUCT AND ALLOWS US TO PASS IT THROUGH TO YOU, WE WILL PASS IT THROUGH TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Crown Jewel Hair, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneysâ€™ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Web site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Crown Jewel Hair reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of Crown Jewel Hair. Crown Jewel Hair will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9 Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Web site. We may (a) suspend your rights to use the Web site (as well as your Crown Jewel Hair Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Web site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Crown Jewel Hair Account and right to access and use the Web site will terminate immediately. You understand that any termination of your Crown Jewel Hair Account may involve deletion of any User Content you may have posted. Crown Jewel Hair will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Crown Jewel Hair Account or deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-13.
10 Intellectual Property
Crown Jewel Hair respects the intellectual property of others and asks that users of our Web site do the same. Except as authorized in Section 3.1 of this Agreement, you are not permitted access or use of any of Crown Jewel Hairâ€™s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Web site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Web site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Web site, the following information in the form of a written notification (pursuant to 17 U.S.C. Â§ 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. Â§ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneysâ€™ fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for Crown Jewel Hair is:
Crown Jewel Hair, Inc.
9314 Forest Hill Blvd, Suite 112
Wellington, FL 33411
Telephone: (800) 215-3052
13.1 Changes to Terms of Service. This Agreement is subject to occasional revision, and if we make any material changes we will post notice of the changes on our Web site. These changes will be effective immediately. Continued use of our Web site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the any revision of these terms and conditions.
13.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules of that state or any other state.
13.3 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Web site and the purchase of any Products on our Web site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word â€œincludingâ€ means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Crown Jewel Hairâ€™s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.
14 Offers and Promotions
Crown Jewel Hair may from time to time and in its sole discretion make available special offers and promotions to its members, including offers and promotions that provide an opportunity for members to receive store coupons. Any such offers and promotions will expire on the dates specified in the offer or promotion. Coupons shall specify the terms that apply to their use and redemption and those terms shall apply. Coupons may not be combined with any other offers or promotions. We reserve the right at any time with our discretion, and without prior notice, to discontinue any offer or promotion or to add or change offer and promotion terms or conditions.
Coupons are only for use on Products available for purchase on the Web Site and may not be used for the purchase of gift cards or services.
Crown Jewel Hair reserves the right to suspend or terminate the account of any user it believes is engaged in fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, including without limitation, using multiple user accounts or email addresses to meet promotion or offer requirements, using false names, impersonating others, or engaging in any other fraudulent or misleading conduct. You agree to forfeit coupons as a result of any fraudulent, illegal, or inappropriate conduct. Crown Jewel Hair reserves the right to void any such coupons granted if it suspects that these were derived in a fraudulent manner, a manner that violates this agreement or the terms of the offer or promotion, or in a manner otherwise not intended by Crown Jewel Hair. In addition, any fraudulent, illegal, or inappropriate conduct in relation to any offers or promotions, may subject you to liability for civil and/or criminal penalties under applicable law.