Terms And Conditions /Privacy Policy

Last modified 11/21/2022

PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the “Terms”) govern your use of and access to www.thewaitingroomnhb.com, and its sub-domains, e-mails and affiliated sites, as well as The Waiting Room NHB’s (“House of Hair” “me” or “I”) pages and accounts on Facebook®, Pintrest®, POSHMARK®, Instagram®, Esty®, DailyMotion®, and YouTube® (the “Sites”).

Please read these Terms carefully. Please also review my Privacy Policy, Code Of Conduct, which is incorporated in these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time. Any modifications will be effective immediately when I post them. I will take steps to notify users of any modifications; however, you are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

SITE CONTENT; NO COSMETOLOGIST/CLIENT RELATIONSHIP OR HEALTHCARE PROVIDER/CLIENT RELATIONSHIP.

The Waiting Room NHB/ House of Hair exclusively owns and controls the Sites, which provides information about suggestions about hair growth and maintenance and may, from time to time, provide access to suggestive materials pertaining to a variety of hair and scalp issues generally affecting hair growth and hair retention. You agree that, use or access to any or all of the Sites does not, standing alone, create a cosmetologist-client relationship or a healthcare provider-client relationship with The Waiting Room NHB / House of Hair. Furthermore, you agree that content provided via the Sites is generalized knowledge about the human body, hair and scalp concepts and not specific body, hair and scalp advice. You agree that you should seek the specific advice of counsel regarding any specific body/hair/scalp matter that you may encounter in the operation of caring for your own body, hair and scalp or otherwise.

INTELLECTUAL PROPERTY.

Unless explicitly stated otherwise, as between you and The Waiting Room NHB/House of Hair, The Waiting Room NHB owns all right, title, and interest in and to the Sites, including, without limitation, site content, organization, graphics, design, compilation and other matters related to or included on the Sites. My name, The Waiting Room NHB, House of Hair, and all related names, logos, product and service names, designs and slogans are my trademarks and you must not use these marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission. Any unauthorized use, dissemination, reproduction, or copying of these terms or any content on the Sites will be prosecuted to the fullest extent of the law.

THIRD PARTY RIGHTS.

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by the The Waiting Room NHB / House of Hair either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact me via mail or email at the contact information listed below and provide me with the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR

If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy. If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to letschatthewaitingroomnhb@gmail.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.'

LINKING TO THE SITES.

Anyone linking to the Sites must comply with all applicable laws and should not: (i) misrepresent its relationship with the The Waiting Room NHB/House of Hair; (ii) present false or misleading information about The Waiting Room NHB/House of Hair; or (iii) contain content that is reasonably considered profanity, defamatory, vulgar, offensive, or unlawful.

ACCESS TO THE SITES

Upon Payment, Members will have access to The Sites for one year starting from the date of purchase. In case of auto renewal of membership, The client has three days prior to the end date of membership to contact us if renewal of annual access is unwanted. 

PRIVATE MATERIALS AND LINKS.

The Sites will sometimes provide Private access to exclusive content, including but not limited to; private passwords, private links, private documents, private photos, emails, private videos, to those who access The Sites. Under no circumstance may private/password protected materials found on The Sites, be shared with anyone besides you (those who access The Sites.) Any violation is grounds for immediate termination of access across The Sites, without warning. No refunds will be administered, due to the nature of the products found throughout The Sites.

ADVERTISEMENTS AND LINKS.

I may include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not mine.

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by The Waiting Room NHB/House of Hair of the contents on such third-party sites. I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that the The Waiting Room NHB/House of Hair shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

DISCLAIMER AND LIMITATION OF LIABILITY.

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. THE WAITING ROOM NHB/HOUSE OF HAIR, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. DUE TO THE NATURE OF THE PRODUCTS FOUND ON THE SITES, NO REFUND WILL BE PROVIDED UPON PURCHASE OF, INCLUDING BUT NOT LIMITED TO, ANY ITEMS, LISTINGS, SERVICES, MEMBERSHIPS ETC.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the foregoing may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

CHOICE OF LAW AND VENUE.

These Terms are governed by the laws of the State in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in the State or Country in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside.

YOUR COMMENTS AND CONCERNS.

This website is operated by The Waiting Room NHB / House of Hair. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: letschatthewaitingroomnhb@gmail.com.

PRIVACY POLICY

Last modified 11/21/2022

PLEASE REVIEW THE POLICY CAREFULLY

The following describes how The Waiting Room NHB/House of Hair (“The Waiting Room NHB/House of Hair,” “me,” “I”) uses and disseminates information you provide us through www.thewaitingroomnhb.com, and its sub-domains and affiliated sites, as well as The Waiting Room NHB/House of Hair pages and accounts on Facebook®, Instagram®, Pintrest®, DailyMotion®, Poshmark®, Etsy®, and YouTube® (the “Sites”). If you have questions about this Privacy Policy, please contact me at the information below. Please also review my full Terms of Use, which also govern your use of the Sites.

CHILDREN.

My Sites are not intended for individuals under the age of 18. I do not collect or maintain information from anyone known to be under the age of 18, and no part of this website is designed to attract anyone under the age of 18. I do not sell products or services intended for purchase by children. If you are under 18, you may only use the Sites under the supervision of a parent or guardian. If I discover or are otherwise notified that we have received any such information from a child in violation of this policy, I will delete that information.

ACCOUNTS.

When you create an account with us, you represent that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Sites.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to, the restriction of access to your computer and/or account. 

You agree to accept responsibility for any in all activities or actions that occur under your account and/or password, whether your password is on our Sites. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

COOKIES: WHAT ARE THEY AND WHY ARE THEY NEEDED?

A cookie is a data text file sent from a website to your browser. It may be stored within your system. The cookie identifies the user and allows access to articles, thus alleviating the need to continually log in with your username and password. To the extent I use cookies, I can only access information from a cookie sent by one of the Sites, not other websites. I may use cookies to personalize your visit to my Sites. By tracking usage, I can best determine the needs of my customers and advertisers.

INTERNATIONAL PRIVACY LAWS AND YOUR RIGHTS UNDER THE GDPR

If you are visiting the Site from outside the United States, please be aware that you are sending information to the United States where my servers are located. Information you submit may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by me. These countries (including the United States) may not necessarily have data protection laws as comprehensive protective as your country of residence; however, my collection, storage, and use of your data will at all times continue to be governed by this Privacy Policy. If you are a member of the European Union (EU), you have special rights under the GDPR. Those include: You have the right to object to the processing of your data and the right to portability of your data. All complaints must be sent to letschatthewaitingroomnhb@gmail.com. You also have the right to erasure, rectification, access, or to seek restrictions to the processing of your personal data in our system. To the extent you provide consent to our processing of your personal data, you have the right to withdraw that consent at any time. Any withdrawal of consent does not apply to data collected lawfully prior to such consent. You have the right to lodge a complaint with a supervisory authority containing jurisdiction over GDPR related issues.

USE OF YOUR PERSONAL INFORMATION.

If you do provide me with your personal information, I will not willingly share your information with companies outside our organization except as described in the Privacy Policy. I may disclose aggregated user statistics in order to describe my services to potential advertisers, other third parties, our affiliate companies, and for other lawful purposes. You may receive communications from me related to products and services that might interest you. While I believe these services may enhance your time spent at the Sites, you will at all times be able to opt out from receiving these communications by specifically choosing to do so via a link which will be provided within the email.

The information I gather from you may be used in several ways, now or in the future, to gain a better understanding of my users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) I think might be of interest to you, and to communicate changes and improvements to my website or any registration you have made.

I do not give away, sell, rent or lease users’ personally identifiable information to any merchant, advertiser or web publisher. Non-personally identifiable user information (such as usage pattern, browser type and your computer) may be shared with third party businesses or advertisers with which I have a business or contractual relationship. I reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law, in connection with the sale of part or all of the The Waiting Room NHB/House of Hair or its affiliates assets, or to enforce my Terms of Use.

Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. I do not monitor information you disclose on the Sites nor do I accept any liability associated with your voluntary disclosure of the same.

You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use and store your information. I am not responsible for the privacy statements, policies or content of other websites. Websites containing co-branding (referencing our name and a third party’s name) contain content delivered by the third party and not me.

NOTICE OF PRIVACY RIGHTS TO CALIFORNIA RESIDENTS.

California law requires that I provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, you have the right to know whether your personal information is being collected; the right to request the specific categories of information a business collects upon verifiable request; the right to know what personal information is being collected about you; the right to say “no” to the sale of personal information, the right to delete your personal information, the right to equal service and price, even if you exercise your privacy rights. I will provide you with the categories of personally identifiable information that I collect through this website and the categories of third-party persons or entities with whom such personally identifiable information may be shared for direct marketing purposes at your request. California law requires me to inform you, at your request: (1) the categories of personally identifiable information I collect and what third parties I share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires me to allow you to control who I can and cannot share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting me please indicate your name, address, email address, and what personally identifiable information you do not want me to share with third parties. Please allow ninety (90) days for a response. Also, please note that there is no charge for controlling the sharing of your personally identifiable information or requesting this notice.

LIMITATIONS.

By using the Sites you agree that I am not responsible for: (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from me; or (iii) any accidental disclosure of your personal information made by me.

POLICY CHANGES.

I may modify this Privacy Policy from time to time. Any modifications will be effective immediately when I post them. I will take steps to notify users of any modifications, however, you are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the Privacy Policy is included so that you can compare any different versions of the Privacy Policy to determine any changes made to the Privacy Policy.

YOUR COMMENTS AND CONCERNS.

This website is operated by The Waiting Room NHB/House of Hair. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: letschatthewaitingroomnhb@gmail.com.

TERMS & CONDITIONS FOR PURCHASES

Last modified 11/21/2022

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS. BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM MY WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE WAITING ROOM NHB / HOUSE OF HAIR , The Sites, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through www.thewaitingroomnhb.com or (the “Sites”) pages and accounts on Facebook®, Twitter®, Pinterest®, Poshmark®, Etsy®, DailyMotion®, and YouTube® (the “Sites”). Please read both these Terms, my Terms of Use, Code of Conduct and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your purchase of any product or services that are available through this Site means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

Order Acceptance and Cancellation. 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders at our sole discretion. After having received your order, you will automatically receive the instructions for onboarding within 7-10 business days to The Waiting Room NHB / House of Hair, and the Sites. Due to the nature of the products found on The Sites, including but not limited to, services, memberships, products, digital downloads, digital products, Pdfs, videos, documents, etc; No refunds will be provided under any circumstance.

 Prices and Payment Terms.

(a) All prices posted on the Sites are subject to change without notice. The price charged for the product or service you purchase will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Listed prices do not include taxes or charges for shipping and handling. You will have notice of all such taxes and charges by reviewing your merchandise total in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Shipments; Delivery.

(a) You will receive direction on onboarding to The Sites, followed by a link to your Instructions for Use and corresponding video tutorial approximately 7-10 business days following. You are expressly responsible for notifying us if you do not receive your template, instructions, or video tutorial. All onboarding emails are intended for private use only, and most not be shared/redistributed under any circumstance.

Returns and Refunds. 

Due to the nature of online digital products as well as but not limited to; services, memberships, PDF’s, Documents, Videos, and products found throughout The Sites, no refunds are allowed under any circumstances.

LIMITED WARRANTY.

Due to the nature of online digital products as well as but not limited to; services, memberships, PDF’s, Documents, Videos, and products found throughout The Sites, no limited warranty will be given at any time, nor under any circumstances.

Intellectual Property 

Use and Ownership. You acknowledge and agree that:

(a) Each product and service marketed on the Sites is made available solely for license, not sale, to you and other prospective customers under the terms, conditions, and restrictions of the license agreement posted with/made available to you through a link accompanying the display or description of that specific product or service.

(b) You will comply with all terms and conditions of the specific license agreement for any product or service you obtain through the Sites, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements.

(c) The Waiting Room NHB / House of Hair is and will remain the sole and exclusive owner of all intellectual property rights in and to each product and service made available on the Sites and any related specifications, instructions, documentation or other materials, including, but not limited to, Videos, PDF'‘s, Digital Downloads, Digital worksheets, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through the Sites, or of any intellectual property rights relating to those products or services.

Privacy. 

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Sites.

ADDITIONAL TERMS AND CONDITIONS

GOVERNING LAW. The Parties have entered into this Agreement in the State in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside, and that venue of any action will be located in the District Court of State/County in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside.

BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.

To the extent permitted by applicable laws, both Consumer and Company agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.

BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE IN WHICH THE OWNERS OF THIS BUSINESS (THE WAITING ROOM NHB / HOUSE OF HAIR) PHYSICALLY RESIDE, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third party beneficiary.

EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of The Waiting Room NHB / House of Hair’s intellectual property rights and confidential and proprietary information by you, The Waiting Room NHB / House of Hair will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Waiting Room NHB / House of Hair may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in which the owners of this business (The Waiting Room NHB / House of Hair) physically reside, United States of America for purposes of any such action by The Waiting Room NHB / House of Hair.

COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.

NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

FORCE MAJEURE: Either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not), or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.