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Terms & Conditions
TERMS OF SERVICE – LAST AMENDED 16 JULY 2024
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OVERVIEW
Welcome to www.vipbarbersupply.com (the “Website”). Our Website is owned and operated by VIP BARBER SUPPLY INC. (hereinafter, “we”, “us”, and/or “our”). This Terms & Conditions (this "Agreement”) is between you (hereinafter, “you”, “your”, and “user”) and VIP BARBER SUPPLY INC. By accessing and using our Website and/or purchasing the goods available on our Site (collectively, “Products & Services”), you agree to all terms, conditions, policies, and notices stated herein this Agreement as it may be amended from time to time. Please read this Agreement carefully and keep a copy for your reference. The Privacy Policy is incorporated herein by reference and made part of this Agreement as if it were fully recited herein.
By visiting our Website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by the Terms of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any Services or purchase any Products. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – PRELIMINARY TERMS
Purpose. The purpose of our Website is to provide high-quality barber supplies and equipment to professional barbers and individual customers. Our goal is to offer a seamless online shopping experience, providing a comprehensive range of products including machines, parts, shears, shaving tools, men's grooming products, brushes, combs, and other barber essentials. We are committed to delivering exceptional customer service, ensuring user satisfaction, and maintaining transparency and trust in all our interactions. By using our Website, customers can easily browse, purchase, and receive barber supplies conveniently and efficiently.
Privacy Policy. Your use of the Website is subject to our Privacy Policy. Please review our Privacy Policy. The terms outlined in the Privacy Policy are made part of this Agreement. This Privacy Policy outlines how we collect, use, and safeguard your personal information when you use our Website, purchase our Products, and use our Services.
ADA Compliance. Although there are no specific guidelines for us to make our Website ADA compliant, our goal is to accommodate you to the best of our abilities. Therefore, we have adopted and conformed our website to the Web Content Accessibility Guidelines 2.0, the guidelines of which are accessible at https://www.w3.org/WAI/GL/WCAG20/. However, if you have any recommendations to better adapt our Website to your particular disability, or if you need help navigating our Website, using our Services, or purchasing our Products, then please contact us at Help@vipbarbersupply.com and someone from our team will be happy to assist You. You expressly agree that a condition precedent to any dispute related to ADA compliance is that you must first email our team at help@vipbarbersupply.com and provide a reasonable opportunity for us to address and remedy your concerns. We aim to accommodate all users to the best of our abilities and strive to conform to the Web Content Accessibility Guidelines 2.0.
Electronic Communications. Visiting the Website, or sending emails, data, or information to us, constitutes electronic communications. By creating an account with us, you affirmatively consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that We provide to You electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
SMS Text Messages. By providing your mobile phone number, you agree to receive SMS text messages from us. You must opt-in to receive these messages, and you can opt-out at any time by following the instructions provided in the text messages. We will never place a call to you, and you cannot return a call to us. All communications from us will be via email or text messages. If you need assistance, please contact us through our email help@vipbarbersupply.com.
Age Restrictions. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence. Generally, in the United States, you must be at least eighteen (18) years of age or older to access or use Our Site and purchase Our Products. We reserve the right to immediately terminate Your account and block Your access to Our Site if We become aware or suspect that You are under 18 years of age, or under the age of majority in Your respective province of residence. The consent of a parent or guardian does not obviate the need to comply with this requirement.
SECTION 2 – CREATING AN ACCOUNT WITH US
To access certain features of our Website and to purchase Products and Services, you may be required to create an account with us. By creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration process. You also agree to promptly update your information if there are any changes to ensure it remains accurate, current, and complete.
When you create an account, you may be asked to provide a valid email address and create a password. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to safeguard your account information or to notify us of any unauthorized access.
By creating an account with us, you affirmatively consent to receive electronic communications from us. These communications may include, but are not limited to, notices about your account, order confirmations, shipping updates, and other transactional information. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You must be at least 18 years old to create an account with us. By creating an account, you represent and warrant that you are at least 18 years old and that all information you provide during the registration process is accurate, complete, and truthful. If you are under 18 years old, you may not create an account or use our Website without the involvement and consent of a parent or guardian.
We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion. If we terminate your account, you agree that we may delete your account and any data associated with it.
By creating an account, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - ACCURACY OF BILLING AND 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.
You represent and warrant that you are the legal owner of, or have express permission to use, any credit card or other payment method used to make a purchase on our Website. By providing your billing information, you confirm that the information is true and that you are authorized to use the payment method.
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 agree to provide accurate, current, and complete information for your account registration and other information required for the purchase of products and services. You agree not to impersonate any person or use a name that you are not authorized to use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.
For more detail, please review our Returns Policy, which is incorporated by reference as if fully recited herein.
SECTION 5 – PRODUCT PURCHASES
All products purchased from our Website are subject to our Returns Policy. Please review the Returns Policy for information on our return and exchange procedures. Refunds will be processed according to the terms outlined in the Returns Policy.
Shipping. Shipping times and costs may vary based on your location and the shipping method selected. We strive to ensure that products are delivered within the estimated timeframes; however, we are not responsible for any delays caused by unforeseen circumstances or third-party carriers. All risk of loss and title for products purchased from us pass to you upon delivery of the items to the carrier.
Waiver of Right to Chargebacks. By purchasing products from our Website, you agree to waive your right to initiate chargebacks with your credit card issuer for any reason other than fraudulent purchases not made by you. Chargebacks for reasons such as dissatisfaction with the product, failure to receive the product in a timely manner, or any other reason covered by our Returns Policy will not be accepted. Any chargebacks initiated in violation of this provision will be contested to the fullest extent permitted by law. You expressly consent that any attempt to initiate a chargeback for reasons other than fraudulent use of your credit card without your authorization is a breach of this Agreement. We reserve the right to take legal action against any customer who initiates a chargeback in violation of this Agreement. This may include seeking compensation for any associated fees, damages, and legal expenses incurred as a result of the improper chargeback. By proceeding with a purchase, you acknowledge that you have read, understood, and agreed to these terms, and that this waiver of chargeback rights is a material condition of the transaction.
Limitation of Liability. Our liability for any defective product is limited to the replacement of the product or the issuance of a refund for the purchase price paid, at our discretion, provided that the defective product is returned in accordance with our Returns Policy. We do not assume any liability for damages arising from the use or misuse of our products. This includes, but is not limited to, direct, indirect, incidental, punitive, and consequential damages. See Section 13 Below.
Disclaimer. You acknowledge and agree that the purchase and use of our Products are at your sole risk. All products and services provided through our Website are provided "as is" and "as available" without any warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the products will be free from defects, or that any errors will be corrected. 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 will be corrected.
SECTION 6 - PRODUCTS OR SERVICES (if applicable)
Online Availability; Sales Limitations. Certain products or services may be available exclusively online through the Website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy, which is incorporated by reference as if fully recited herein. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Product Descriptions. We strive to ensure that the product descriptions on our Website are as accurate as possible. However, we do not warrant that the descriptions, colors, or other content available on the Website are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.
Product Display. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Product Quality. 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 will be corrected.
Product Availability and Pricing. Prices and availability of Products and Services are subject to change without notice. We strive to provide accurate pricing information, but pricing or typographical errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product or Service. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the charge.
Limitation of Liability. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of our Products or Services.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS AND PRODUCTS
The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third party.
Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials, products, or services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
Third Party Products and Services. WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY WHATSOEVER FOR GOODS OR SERVICES YOU OBTAIN THROUGH THIRD PARTY SERVICE PROVIDERS OR OTHER WEB SITES, WEB PAGES, APPLICATIONS AND PLATFORMS (EVEN IF ACCESSED OR PURCHASED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES), AND ANY SUCH PURCHASES ARE SUBJECT TO THEIR RESPECTIVE TERMS AND CONDITIONS OF USE. YOU ACKNOWLEDGE AND AGREE THAT PRODUCT/SERVICE SPECIFICATIONS AND OTHER INFORMATION HAVE EITHER BEEN PROVIDED BY THE APPLICABLE THIRD-PARTY VENDORS OR COLLECTED FROM PUBLICLY AVAILABLE SOURCES AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR RELIABILITY OF ANY SUCH INFORMATION. ACCORDINGLY, WE ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY TRANSACTION WITH ANY OF THESE THIRD PARTIES AS SAME IS CONDUCTED AT YOUR SOLE RISK. FURTHER, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE ANY SUCH THIRD-PARTY, AND YOU IRREVOCABLY WAIVE ANY CLAIM AGAINST US OR OUR AFFILIATES WITH RESPECT TO ANY SUCH TRANSACTION. WE ARE NOT RESPONSIBLE FOR ASSISTING YOU IN CORRECTING ANY PROBLEM YOU MAY EXPERIENCE WITH GOODS AND SERVICES PURCHASED THROUGH A THIRD-PARTY SERVICE PROVIDER, EVEN IF THE GOODS OR SERVICES ARE ACCESSED WITHIN, THROUGH OR IN CONNECTION WITH THE SERVICES. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCTS OR SERVICES THAT YOU PURCHASE FROM ANY THIRD-PARTY OPERATIONAL SERVICE PROVIDER AS THOSE ARE OWNED AND OPERATED BY INDEPENDENT ENTITIES. IN SOME CASES, YOU MAY BE REQUIRED TO DIRECT CUSTOMER SERVICE ISSUES RELATED TO GOODS OR SERVICES TO THE RELEVANT THIRD-PARTY OPERATIONAL SERVICE PROVIDER.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
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 of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – INTELLECTUAL PROPERTY
All content on this Website, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, page layout, button icons, and software, is our property or the property of our content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. By using this Website, you acknowledge the validity of our copyrights, trademarks, and other intellectual property rights. You agree not to challenge the validity of any intellectual property owned by us, and you acknowledge that all goodwill arising from the use of our intellectual property inures to our benefit.
Trademarks. The trademarks, logos, and service marks displayed on this Website (collectively, the "Trademarks") are registered and unregistered marks of VIP Barber Supply Inc. and others. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without our written permission, or such third party that may own the Trademark. Your misuse of the Trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited.
Copyright. All Website content is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. You may electronically copy and print hard copies of pages from this Website solely for personal, non-commercial purposes related to placing an order or shopping with us. Any other use of the content on this Website, including reproduction for purposes other than those noted above, modification, distribution, republishing, transmission, display, or performance, without our prior written permission, is strictly prohibited.
User Contributions. By submitting comments, feedback, suggestions, ideas, and other communications (collectively, "User Contributions") to us, you assign to us all worldwide rights, title, and interest in and to your User Contributions, including any intellectual property rights. You agree that we shall have the unrestricted right to use, publish, display, modify, transmit, distribute, and otherwise exploit such User Contributions in any manner without any obligation to you. You represent and warrant that you have the right to make the assignment and that your User Contributions do not violate any third-party rights.
Limited License. You are granted a limited, non-sublicensable right to access and use the Website and the content for personal, informational, and shopping purposes only. This license is subject to these Terms and does not include any right to (a) resell or commercialize any Website content; (b) collect and use any product listings, descriptions, or prices; (c) make derivative uses of the Website or the content; (d) use any data mining, robots, or similar data gathering and extraction methods; or (e) use the Website or the content other than for their intended purposes. Any unauthorized use terminates the permission or license granted by us.
Infringement Notices. We respect the intellectual property rights of others and expect our users to do the same. If you believe that any content on our Website infringes your copyright or other intellectual property rights, you may submit a notification of claimed infringement. To be effective, the notification must include the following information: (1) a description of the copyrighted work or other intellectual property that you claim has been infringed; (2) a description of where the material that you claim is infringing is located on the Website, including sufficient detail so that we are able to locate it; (3) your address, telephone number, and email address; (4) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (6) the electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
Written notification of claimed infringement must be submitted to our designated agent at the following email: help@vipbarbersupply.com, with the subject line “Intellectual Property Violation.” We may share the notification of claimed infringement with the user alleged to have infringed a right you own or control, and you hereby consent to us making such disclosure.
MISREPRESENTATION. UNDER FEDERAL LAW, YOU MAY BE LIABLE FOR KNOWINGLY MISREPRESENTING THAT MATERIAL OR ACTIVITY IS INFRINGING, OR THAT MATERIAL OR ACTIVITY WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION. SUCH LIABILITY INCLUDES POTENTIAL CRIMINAL CHARGES FOR PERJURY AS WELL AS CIVIL PENALTIES AND ATTORNEYS’ FEES. WE RESERVE THE RIGHT TO MODIFY THIS POLICY AT ANY TIME. YOU ARE ENCOURAGED TO REVIEW THIS POLICY PERIODICALLY TO STAY INFORMED OF ANY UPDATES.
SECTION 11 - PERSONAL INFORMATION; SMS MESSAGING
Your submission of personal information through the store is governed by our Privacy Policy.
By consenting to our marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at here or by email at Help@vipbarbersupply.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in 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 website 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 website, 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 website has been modified or updated.
SECTION 13 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(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; (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) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Assumption of Risk. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERICE OR ANY PRODUCT PROCURED USING OUR SERVICE AND WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE AND ANY PRODUCT INCLUDING BUT NOT LIMITED TO YOUR DELAY OR INABILITY TO USE THE WEBSITE, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU IN CONNECTION WITH THIS AGREEMENT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU FOR OUR PRODUCTS OR SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO LIABILITY HEREUNDER; OR (B) $1,000 USD.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU – HOWEVER OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WESBITE, OR WITH ANY OF THESE TERMS IN THIS AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE SITE AND REFRAIN FROM PURCHASING OUR PRODUCTS.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims, demands, expenses, damages, costs (including attorney’s fees), penalties, fines, and liabilities arising out of or relating to (a) your use of or inability to use the Website, (b) your purchase of our Product and/or Services, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, (d) your violation of any applicable laws, rules or regulations, or (e) any other party's access and use of the Website using your information. We reserve the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with us in asserting any available defenses.
SECTION 16 – DISPUTE RESOLUTION
Arbitration. Any dispute or claim arising out of or in connection with this Agreement, including but not limited to any question regarding its existence, validity, or termination, shall be resolved through arbitration. The parties agree to resolve any disputes by binding arbitration in accordance with the rules of the American Arbitration Association, conducted by a single arbitrator selected by us in our sole discretion. The arbitration shall take place in the Middle District of Florida, at a location agreeable in our sole discretion. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The costs of the arbitration shall be split between the parties. The parties agree to abide by all decisions and awards rendered in such proceedings. The parties agree that any such dispute or claim shall be conducted on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial.
Governing Law. This Agreement and any dispute arising from or related to this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its conflict of laws principles.
Jurisdiction and Venue. You hereby consent to the exclusive jurisdiction and venue of the arbitration and courts, state or federal, in the State of Florida for all disputes arising out of or relating to the use of the Website, our Products and Services, and this Agreement.
Class Action Waiver. Any dispute under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Compliance with Laws and Legal Process. Our performance of this Agreement is subject to applicable laws and legal process, and nothing in this agreement shall be construed to limit our right to comply with any governmental, court, or law enforcement requests or requirements relating to your use of the Website, or information provided to or gathered by us with respect to such use.
Admissibility of Printed Version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Survival. This Section shall survive the termination of this Agreement. If any part of this provision is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.
SECTION 17 - SEVERABILITY
In the event that any provision of this Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – MODIFICATION TO THE AGREEMENT
We reserve the right, in our sole discretion, without prior notice, to modify the terms of this Agreement by posting the revised Agreement on our Website. Your continued use of the Website following any such modification constitutes your agreement to be bound by the modified Agreement. The most current version of this Agreement will supersede all previous versions. We encourage You to periodically review this Agreement to stay informed of our updates. This Agreement may only be modified by us.
SECTION 20 - ENTIRE AGREEMENT; WAIVER
The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
This Agreement and any policies or operating rules posted by us on this Website or in respect to the Services or Products constitutes the entire agreement and understanding between you and us and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – MISCELLANEOUS
Headings. The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
English Language. These Terms and all related documents are written in the English language. Any translation provided is for your convenience only. In the event of any discrepancy between the English language version and a translated version, the English language version shall prevail.
Contact Us. If you have any questions, comments, or concerns about these Terms, please contact us at:
VIP Barber Supply Inc.
Mailing Address: 9370 N. Florida Ave., Tampa, FL 33612
Email: help@vipbarbersupply.com
We welcome your feedback and will respond to your inquiries as promptly as possible.