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Hair fuel organics TERMS OF SERVICE

Last Updated: January 1, 2022

The website www.hairfuelorganics.com (“Site”) is provided by Hair Fuel Organics( “we,” “us” or “our”) to provide any services and products offered via the Site (collectively, the “Services”) (“User,” “Users” “you” or “your”). These Services and Products include skin care products and related content.

PLEASE READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY (COLLECTIVELY, THE “AGREEMENT”) CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND US. IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SITE. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, (3) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND (4) YOU ACCEPT THIS AGREEMENT.

1 MODIFICATION OF THIS AGREEMENT.

We may change, modify, add or remove portions of the Agreement (each, an “Update”) at any time and in our sole discretion without prior notice and each such Update will be effective immediately. If we make an Update, we will change the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of the Update. We encourage you to frequently review this Agreement to ensure you understand the latest terms and conditions associated with use of the Site. If you do not agree to an Update, you must discontinue using the Site.

2 OWNERSHIP; PROPRIETARY RIGHTS.

The Site, including all information and materials contained in the Site, is owned and operated by us or, to the extent expressly otherwise indicated in the Site, other parties. All content, images, illustrations, designs, names, products, services, icons, photographs, video clips, typefaces, source and object code, format, queries, algorithms, visual interfaces, HTML, information, graphics, design, look and feel, compilation and all other elements (whether written or otherwise) of the Site (collectively, the “Site Materials”), as well as their selection and arrangement, and all intellectual property and other rights relating to Site Materials, are protected by, as appropriate by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property, proprietary rights and applicable laws. All Site Materials are the property of Hair Fuel Organics, its subsidiaries, affiliated companies and/or third-party licensors. Except as expressly authorized by Hair Fuel Organics under this Agreement, you agree not to directly or indirectly sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make otherwise unauthorized use of the Site Materials.

3 GUIDELINES; USAGE RULES; PROHIBITED CONDUCT AND USES.

3.1. YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL ABIDE BY THE USAGE RULES SET FORTH IN THIS SECTION 3 (THE “GUIDELINES”). IN PARTICULAR, YOU WILL NOT:
3.1.1. use the Site or any information displayed within the Site to stalk, harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect or store location or personal information about other Users;
3.1.2. use the Site if you are under the age of eighteen (18) years old or unable to legally contract;
3.1.3. use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including laws governing intellectual property or other proprietary rights, data security, privacy or import or export control;
3.1.4. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures, surveying or requests to participate in surveys or studies;
3.1.5. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of other Users;
3.1.6. misrepresent the source, identity or content of information transmitted via the Site;
3.1.7. remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site;
3.1.8. intentionally interfere with or damage operation of the Site, or any User’s enjoyment of them, by any means including uploading or otherwise disseminating viruses, worms, invalid data, keyloggers, spyware, Trojan horses, time bombs, or other malicious and harmful code, or imposing an unreasonable or disproportionately large load on our infrastructure;
3.1.9. post, store, send, transmit, or disseminate any information or material that a reasonable person could deem to be objectionable, defamatory, libelous, offensive, obscene, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically or otherwise offensive to any group or individual, intentionally misleading, false, harmful to minors, or otherwise inappropriate, regardless of whether the information and material, or its dissemination, is unlawful;
3.1.10. post, store, send, transmit, or disseminate any information or material that infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
3.1.11. attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
3.1.12. hack, spam or phish Hair Fuel Organics or any Users; or
3.1.13. hold us responsible for your use of the Site.
Please let us know about any inappropriate behavior that you become aware of within the Site. If you find something that violates these Guidelines or the Agreement otherwise, let us know by sending us an email to support@hairfuelorganics.com. We reserve the right, in our sole and absolute discretion, to deny you or anyone access to the Site without notice.

4 USAGE; REFUSAL OR SUSPENSION OF SERVICE.

4.1. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER’S USE OF THE SITE. ACCORDINGLY, WE ALSO RESERVE THE RIGHT TO DISABLE ANY USER’S USE OF OR ACCESS TO THE SITE.
4.2. You alone are responsible for your involvement with other Users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions.
4.3. When you create an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the termination of your account. 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 and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
4.4. You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages where we provide the ability to do so. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but do not necessary regularly review posted content.
4.5. If you do post content or submit material, and unless we indicate otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor, edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
4.6. Our Return Policy can be found at the following link: https://www.hairfuelorganics.coml

5 THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS.

The Site may include links to other websites or services (“Third Party Websites”) solely as a convenience to Users. We do not endorse any Third Party Website or the information, material, products or services contained on other sites linked to, or accessible through, any Third Party Website. Furthermore, we make no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through any Third Party Website. Access and use of any Third Party Website, including information, material, products and services on such Third Party Website or available through such Third Party Website is solely at your own risk.

6 USER RESTRICTIONS

You may not: (i) modify, disassemble, decompile or reverse engineer the Site; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Site to any third party or use the Site to provide time sharing or similar services for any third party; (iii) make any copy of the Site; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on use of the Site; or (v) delete the copyright and any other proprietary rights notice on the Site.

7 VIOLATIONS; TERMINATION.

You agree that Hair Fuel Organics, as the result of a good faith belief that you have violated any of the terms and conditions of the Agreement, may terminate your use of the Site or any portion thereof at any time. You agree that any termination of your access to the Site may have or portion thereof may be effected without prior notice and you agree that we will not be liable to you or any third party for any such termination. We do not permit copyright infringing activities on the Site and reserve the rights to terminate access to the Site and to remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.

8 DISCLAIMERS; NO WARRANTIES.

8.1. THE SITE IS MADE AVAILABLE “AS IS,” “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. HAIR FUEL ORGANICS, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
8.2. HAIR FUEL ORGANICS AND ITS SUPPLIERS, LICENSORS AND BUSINESS PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9 INDEMNIFICATION; HOLD HARMLESS.

You agree to indemnify, defend, and hold Hair Fuel Organics (and its affiliated companies and its and their respective contractors, employees, directors, officers, agents, suppliers, licensors and partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, brought by a third party arising out of or related to: (i) your use or misuse of the Site generally; (ii) any violation of the rights of any other person or entity by you; (iii) any breach or violation by you of the Guidelines or the Agreement otherwise. We reserve 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.

10 LIMITATION OF LIABILITY AND DAMAGES.

10.1. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL HAIR FUEL ORGANICS (OR ITS AFFILIATED COMPANIES OR ANY OF ITS OR THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS OR BUSINESS PARTNERS) BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF HAIR FUEL ORGANCS OR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 10 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THE AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
10.2. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF HAIR FUEL ORGANICS (AND ITS AFFILIATED COMPANIES AND ITS AND THEIR RESPECTIVE CONTRACTORS, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SUPPLIERS, LICENSORS AND BUSINESS PARTNERS, COLLECTIVELY) FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS ($50 USD).
10.3. APPLICABLE LAW IN YOUR STATE MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR STATE.

11 BENEFIT OF THE BARGAIN.

YOU ACKNOWLEDGE AND AGREE THAT HAIR FUEL ORGANICS HAS OFFERED THE SITE AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH ABOVE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HAIR FUEL ORGANICS AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAIR FUEL ORGANICS. HAIR FUEL ORGANICS WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

12 RELEASE.

You hereby release and forever discharge Hair Fuel Organics (and its affiliated companies [CREATIVE DESIGN METTLE LLC] and its and their respective directors, officers, employees, agents, successors and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to: (i) any interactions with, or act or omission of the Site; or (ii) any third party site, product, service or link included on or accessed through the Site. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

13 PROHIBITION AGAINST RESALE OR TRANSFER.

You agree not to resell, repackage, tamper with, alter, doctor, change, share, or transfer our products once a package containing our products has been opened. We are not responsible to any other party for the use of our products and services. You further agree not to consume, eat, or drink our products and keep them away from children who may do so. Likewise, if you experience an adverse reaction after using our products, please discontinue use and seek medical attention promptly.

14 CREDIT CARD OR OTHER PAYMENT INFORMATION.

You warrant and represent that you have the proper authorization to use any credit card or payment information you supply to us. We are not responsible for any misuse of that information or verifying your proper authority. You agree to indemnify and hold us harmless from any cost, liability, damage or expense, including attorney’s fees, arising from your improper or unauthorized use of credit card or other payment information.

15 EXPIRATION.

We use natural products and as a result, they have a reasonable a shelf life of one year. Products older than that should be destroyed and not be used.

16 INTERRUPTIONS AND DISCONTINUATION OF WEBSITE.

We reserve the right to change, alter, terminate, or discontinue our Site at any time. We will not be liable for any damage or cost you suffer as a result of any interruption, change, alteration, or termination of our Site.

17 DISPUTE RESOLUTION.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to its conflict of laws provisions.

Agreement to Arbitrate

You and HAIR FUEL ORGANICS agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of our products, services or the content of this Site (collectively, “Disputes”) must be filed within one (1) year of the date of the sale of the product or service, and will be settled by binding arbitration before the Better Business Bureau in Prince William County, Virginia, and you agree to submit to the personal jurisdiction of this forum. Notwithstanding the foregoing, each party retains the right: to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause shall be referred to as an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Eastern District of Virginia, and each of the parties hereto waives any objection to personal and subject matter jurisdiction and venue in such courts. You acknowledge and agree that you and HAIR FUEL ORGANICS are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and HAIR FUEL ORGANICS otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. You agree to waive any objection to the venue, forum, and the application of Virginia law. YOU SPECIFICALLY WAIVE ANY RIGHT TO DEMAND A TRIAL BY JURY OR A RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION LAWSUIT.

Arbitration Rules

The arbitration will be administered by the Better Business Bureau (“BBB”) in accordance with their rules (the “Rules”) then in effect, except as modified by this “Dispute Resolution” section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the BBB Rules. A single arbitrator will be chosen who will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the BBB’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the BBB will appoint the arbitrator in accordance with the BBB Rules.

Arbitration Location and Procedure

Unless you and HAIR FUEL ORGANICS otherwise agree, the arbitration will be conducted in Prince William County, Virginia. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and HAIR FUEL ORGANICS submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the BBB Rules. Subject to the BBB Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Depositions and other civil court discovery will not be allowed absent an agreement of the parties.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the BBB Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “LIMITATION OF LIABILITY AND DAMAGES” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The party that prevails in arbitration will be entitled to an award of reasonable attorneys’ fees and expenses.

17 GENERAL.

These Terms and any action related thereto will be governed by the laws of the State of Virginia without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between HAIR FUEL ORGANICS and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their heirs, successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HAIR FUEL ORGANICS. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

18 CONTACT INFORMATION.

Hair Fuel Organics welcomes your comments or questions regarding these Terms of Service. Please contact us by using the following information:
Mailing Address:

Hair Fuel Organics

7371 Atlas Walk Way

#245

Gainesville, VA 20155

Email: support@hairfuelorganics.com