Terms of Service
Last Updated: January 2023
PLEASE NOTE, AS SET FORTH IN SECTION 12, YOU AGREE TO RELEASE OURX FROM LIABILITY RESULTING FROM YOUR USE OF PRODUCTS OFFERED FOR SALE ON THE WEBSITE.
PLEASE NOTE THAT, EXCEPT AS PROVIDED BELOW, THESE TERMS REQUIRE RESOLUTION OF DISPUTES THROUGH USE OF AN ARBITRATION SERVICE. YOU HEREBY AGREE THAT ALL DISPUTES ARISING FROM, RELATED TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICES WILL BE RESOLVED IN ACCORDANCE WITH THE ARBITRATION AND GOVERNING LAW PROVISIONS SET FORTH IN SECTION 18 BELOW.
OurX reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post a notification of the modification on our Site or otherwise provide you with notice of the change. The date of the last modification will also be posted at the beginning of these Terms. It is your responsibility to check from time to time for updates. BY CONTINUING TO ACCESS OR USE THE SITE AND SERVICES, YOU ARE INDICATING THAT YOU AGREE TO BE BOUND BY ANY MODIFIED TERMS
In compliance with the requirements of Children’s Online Privacy Protection Act (COPPA), we do not collect any information from any person under 13 years of age. If you are aged 13 years or younger, you may not download or use our Services or access or provide any Content. If you are 13 or older but under the age of 18, you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child who is 13 or older but under the age of 18, you are fully responsible for his or her use of the Services.
OurX hereby grants you permission to use the Services, provided such use is in compliance with these Terms. You may only use the Services for personal use. If you wish to create an organizational or business account, please contact OurX at firstname.lastname@example.org. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or the Services or content therein:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including by uploading, transmitting or promoting any material that infringes or violates the intellectual property rights or any other rights of anyone else (including OurX);
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) in any manner that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(g) to submit false or misleading information;
(h) to upload or transmit viruses or any other type of malicious code or use any similar method of technology (including without limitation, bots, denial-of-service attacks, backdoors, packet or IP address spoofing, or forged routing) that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose;
(l) except as authorized through the Services, to copy, rip, or capture any content encountered on the Services (including bulk copying or “scraping” any portion of the Services’ content using a bot or other tool);
(m) to upload, transmit, or promote any material that constitutes junk mail, spam, or commercial offers;
(n) to decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services; or (o) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
OurX creates a personalized hair care product regimen (each such hair product, a “Product”) based on custom criteria relating to your hair and lifestyle. Your custom regimen is comprised of a curated assortment of OurX products and tailored instructions for use.
OurX does not warrant or represent the availability of any Products described on the Services, and the descriptions and availability of the Products on the Services may vary based on location, timing, and other circumstances.
All descriptions of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on the Site is void where prohibited. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service or Products will be corrected
We reserve the right, without prior notice, to limit the Order (as defined below) quantity on any Product or service and/or refuse Service to any customer. We may exercise this right on a case-by-case basis.
We reserve the right to refuse any Order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an Order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You may not purchase the Products for resale by you or any other person.
A. Content.The materials displayed or performed or available on or through the Website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and User Content (all of the foregoing, the “Content”), are protected by copyright and/or other intellectual property laws.
Further, you acknowledge that the Services and Content, including all associated intellectual property rights, are the exclusive property of OurX and its licensors. Unauthorized use of the Content may violate copyright, trademark and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.
Occasionally there may be information on our Site or as part of the Service that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Site is inaccurate at any time without prior notice (including after you have submitted your Order). We undertake no obligation to update, amend or clarify information in the Service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related Site has been modified or updated.
B. License to Services and Content. Conditioned upon your compliance with these Terms, OurX grants you a limited, non-exclusive, non-transferable license, to (i) access, view, and use the Services solely for your personal use and (ii) access and view any Content to which you are permitted access. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OurX or its licensors, except for the licenses and rights expressly granted in these Terms.
C. User Content. We may, at our sole discretion, permit you to post, upload, publish, submit or transmit content (the “User Content”). By submitting any User Content on or through the Services, you grant to OurX a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, transmit, stream, and otherwise exploit such User Content, in any media, in order to operate and improve the Services.
D. User Content Representations and Warranties. You acknowledge and agree that you are solely responsible for all User Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. Further, you represent and warrant that all User Content that you contribute to the Services is complete and accurate, that you have authority to post and submit such User Content, and your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. We take no responsibility and assume no liability for any User Content posted by you or any third-party.
E. OurX Rights with respect to User Content. We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
A. Purchase Options – One-Time Purchase or Subscription. In order to purchase the Product(s), you may either (i) make a one-time purchase of our Product(s), or (ii) purchase a subscription as further specified in (b) below.
B. Subscription. If you elect to purchase a subscription (“Subscription”) for the Product(s), you will be required to pay a Subscription fee plus applicable taxes on a monthly basis or some other recurring interval selected by you at checkout.We may use a third party vendor (“Third Party Payment Vendor") to process your payment of subscription fees. You represent and warrant that you are the valid owner or an authorized user of the credit card or other payment card to such Third Party Payment Vendor, and that all information you provide is accurate. If payment cannot be charged to your credit card or if a charge is refunded for any reason, we reserve the right to suspend or terminate your Subscription.
If you purchase a Subscription for our Product(s), we will notify you three (3) days before your Order ships. It is important to note that if you purchase a Subscription, your Subscription will automatically renew until you cancel it. You may cancel at any time by notifying us, either by logging into your account on ourx.co or contacting us at email@example.com, no later than five (5) business days before your next package is shipped (you may not cancel a particular Order if the Order has shipped), and the cancelation will take effect for the following month. Again, if you do not cancel, then your next box of Product(s) will ship and applicable Subscription Fees will be charged to your credit card.
C. Payment and Billing Information. By providing a credit card or other payment method for the purchase of our Products, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”).
D. Unacceptable Payment Methods. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we (or our third-party payment processor) encounter in order to proceed with your Order. You acknowledge that the amount billed may vary due to promotional offers, changes in the Services, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
E. Refunds. OurX will consider the provision of refunds or credits for any Order placed on a case-by-case basis. If you are dissatisfied with your Order, you may contact OurX at firstname.lastname@example.org or through the contact page on the Site, and OurX, at its own discretion, may provide a replacement or consider a refund or credit.
F. Pricing and Availability. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. Prices may be adjusted at any time and for any reason (or no reason) and without providing you prior notice. Services are subject to availability, and we reserve the right to cancel all or part of the Services and to discontinue making certain Services available without prior notice.
G. Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Please note that when making a Product or Subscription purchase on our Site, you are automatically creating an account with OurX.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You agree that OurX has the right, but not the obligation, to use such Feedback without any obligation to provide you credit, royalty payment, or ownership interest in the changes to the Services.
OurX may immediately and without notice terminate these Terms and disable your access to the Services if OurX determines, in its sole discretion, that (a) you have materially breached these Terms; (b) you have violated applicable laws, regulations or third-party rights; or (c) OurX believes, in good faith, that such action is needed to protect the safety or property of other users, OurX, or third parties.
The Services may provide you with access to third party websites, information, and services, including but not limited to third party databases, networks, servers, software, programs, systems, directories, applications, or products. You hereby acknowledge that OurX does not control such third-party websites and services, and cannot be held responsible for their content, operation, or use. Your use of those services is subject to their respective terms of service. OurX does not give any representation, warranty, or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by such third-party websites and services. OurX disclaims any and all responsibility or liability for any harm resulting from your use of such third-party websites and services, and you hereby irrevocably waive any claim against OurX with respect to the content or operation of any such third-party websites and services.
YOU HEREBY ACKNOWLEDGE THAT YOU ARE USING THE SERVICES AND ANY PRODUCTS YOU PURCHASE AT YOUR OWN RISK. THE SERVICES, PRODUCTS AND CONTENT ARE PROVIDED "AS IS," AND OURX, INC. ITS AFFILIATES AND ITS THIRD-PARTY SERVICE PROVIDERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. OURX, INC. ITS AFFILIATES, AND ITS THIRD-PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH THE SERVICES.
You assume the risk associated with the Products and you hereby release OurX and all of its representatives from any claims, causes of action, injury or other liability arising from or related to your use of the Products.
Because some states do not permit disclaimer of implied warranties, you may have additional consumer rights under your local laws.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OURX, INC. (OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOST SAVINGS, LOST REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OurX (a) via email (in each case to the address that you provide) or (b) by posting to the Website.
The failure of OurX to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without OurX’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. OurX may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms are governed by and will be construed under the laws of New York, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in New York, NY, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in New York, New York. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND OURX ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY.
If you have any questions about the Services, please do not hesitate to contact us at email@example.com.
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Terms of Service