TERMS AND CONDITIONS

These Terms and Conditions (these “Terms”) represent an agreement between you and The Hair Society, and govern your use of this website and any products or services, made available through this website.

This website, together with such products or services, is referred to collectively as the “Site” in these Terms.

By using the Site, whether for purposes of viewing or purchasing products or services or otherwise, you (the “Buyer”) acknowledge that you have read and understood, and agree to be bound by and comply with, these Terms.

Buyer acknowledges he or she is at least 18 years of age and is an adult authorized to purchase or use the product(s) offered for sale; that the product(s) is/are in conformity with the state of the art for the manufacture and design of similar products; that the product(s) will suitably meet the requirements of its/their intended use; and that the Buyer shall have sole responsibility for the selection of and specifications for the product(s) appropriate for his or her end use or purposes, even if Buyer has informed The Hair Society, or its agents, affiliates, or affiliates’ agents, of the end use.

BUYER INTENTIONALLY AND VOLUNTARILY RELEASES AND WAIVES ALL CLAIMS, DEMANDS, LIABILITIES, AND ACTIONS OF ANY AND ALL TYPES AGAINST THE HAIR SOCIETY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND AFFILIATES’ AGENTS, FOR ALL LOSSES AND DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES RELATED TO OR ARISING OUT OF OR IN CONNECTION WITH THE PURCHASE AND USE OF ANY PRODUCT HEREIN OFFERED FOR SALE.  IF THE BUYER IS A CALIFORNIA RESIDENT, THE BUYER WAIVES CALIFORNIA CIVIL CODE § 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” IF THE BUYER IS A RESIDENT OF A STATE OR JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THIS LIMITATION OF LIABILITY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE HAIR SOCIETY, ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, AFFILIATES’ AND ITS AFFILIATES’ AGENTS’ MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE.  IN ALL EVENTS, THE LIABILITY OF THE HAIR SOCIETY, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND ITS AFFILIATES’ AGENTS’, IS LIMITED TO THE PURCHASE PRICE.

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, THE HAIR SOCIETY. EXPRESSLY DISCLAIMS, WAIVES, RELEASES, AND RENOUNCES ANY WARRANTY, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR  FITNESS FOR A PARTICULAR PURPOSE.

The Buyer agrees to defend, indemnify, and hold The Hair Society. harmless from all losses, damages, liabilities, injury to third parties or property, costs (including without limitation attorneys’ fees), and claims arising out of or related to the purchase or use of the product(s) by the Buyer and any disputes between the Buyer and any third party related to the purchase or use of the product(s).

The Hair Society. shall not consent to, nor assume any responsibility for, the Buyer’s or third parties’ illegal use, misuse, alteration, modification, failure to inspect prior to use, use contrary to the recommended use, or use beyond the useful safe life of the product herein purchased.

These Terms will be governed by the laws of the United States of America and the State of Nebraska, without regard to conflict of laws rules. The parties consent to have any action or dispute between them resolved exclusively within the jurisdiction of the state or federal courts located in the State of Nebraska.