Terms and Conditions

Terms & Conditions: General

Updated & effective 11/1/2022

This website (the “Site”) is owned and operated by Salons by JC, The Site is provided as a service to our customers. Please review the following terms and conditions of use which governs your use of the Site (the “Terms of Use”). As used herein, “you” and “your” will refer and apply to the user of this Site and “we” or “us” refers to Salons by JC.

YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OF USE, THEN YOU SHOULD DISCONTINUE ACCESS AND USE OF THE SITE.

Arbitration Notice

YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND SALONS BY JC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU FURTHER WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION.

Additional Policies

The following policies are incorporated into these Terms of Use. By agreeing to these Terms of Use, you also agree (as applicable) to:

Privacy Policy

  • Salons by JC respects your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy, here: https://salonsbyjc.com/privacy-policies/. The Privacy Policy is incorporated by reference and forms a part of these Terms of Use.

Loyalty Program

  • Signing up for an account on Salons by JC’s website or affiliated landing pages, automatically enters you into the Salons by JC program.

Age Restriction

You must be at least 18 years old to accept these Terms of Use and to use this Site. This Site is not intended for users under the age of 18. If you are under 18 and do not have consent to use this Site from your parents or legal guardian, you may not use this Site.

Changes To Terms Of Use

Salons by JC may change these Terms of Use from time to time. If we make material changes to these Terms of Use, we will indicate on the updated Terms of Use that changes have been made. Your continued use of the Site following any such change constitutes your agreement to the updated Terms of Use. If you do not agree to or are not able to comply with the updated Terms of Use, you should discontinue your use of the Site.

User Information

When you register an account on our Site, you may be asked to provide certain details including, but not limited to, your name, address, birthday, gender, phone number, email subscription lists and email address. By subscribing to our mailing list, you may be able to receive information regarding promotions, events, and additional information about Salons by JC services. You may unsubscribe at any time by clicking the Unsubscribe button on email marketing or by sending a request to unsubscribe via email at [email protected]. Please also refer to Salons by JC’s Privacy Policy which describes how your information and user content will be handled.

Use Restrictions

You must not use this Site for any illegal purposes, and you must use it in compliance with all applicable laws and regulations. You must not use the Site in a way that may cause the Site to be interrupted, damaged, rendered less efficient or which would otherwise impair the effectiveness or functionality of the Site including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology. You agree not to attempt any unauthorized access to any part or component of the Site. You agree not to infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights or use the Site to transmit, distribute, post or submit any sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to any person. You agree not to use the Site for any commercial or other purposes that are not expressly permitted by these Terms of Use.

This Site is operated by Salons by JC from our Corporate office in San Antonio, Texas, USA. Salons by JC makes no representations that the use or the content of the Site is appropriate or lawful in territories or jurisdictions outside of the United States or Canada. Use or access of this Site from countries or territories where the use of the Site or any of its content is illegal, unlawful, or violative of obscenity, privacy or other laws is strictly prohibited. Those who choose to access this Site from other countries or territories do so at their own risk and such users are solely responsible for compliance with applicable local laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) for users from the European Economic Area.

Your Account

You may choose to register on this Site. Before you do so, please carefully review our Privacy Policy. By registering, you agree that you have read, understand, and consent to our Terms of Use and further agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your account if you provide false or misleading information or otherwise violate these Terms of Use. You are responsible for safeguarding your password and agree not to disclose your password to any third party. You have sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You are obligated to immediately notify us of any unauthorized use of your account.

Salons by JC has the right to fully investigate and prosecute violations of any of the above of the law.

Salons by JC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Salons by JC or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users (iii) for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes, or (iv) protect the rights, property or safety of Salons by JC, its users, or members of the public.

Ownership Of Site Content

Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, product names, company names, copyrights and copyrightable materials, trademarks, trade dress, service marks and other Site content (collectively referred to herein as the “Site Content”) are the exclusive property of Salons by JC or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You are granted permission to display, copy, distribute, and download Site Content solely for personal, non-commercial use provided that you make no modifications to the Site Content and that all copyright and other proprietary notices contained in the Site Content are retained. Any permission granted under these Terms of Use terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes. Use of Site Content not specifically permitted under these Terms of Use is strictly prohibited.

Nothing in these Terms of Use grants, transfers or conveys, nor may be construed or operate as a grant, transfer, or conveyance to you or any other person of any right, title, or interest in or to any Site Content or Salons by JC intellectual property, including but not limited to any trademark, trade name, service mark or other proprietary identifying symbols used by us from time to time on or in connection with the Site, or any feature or functionality thereof. 

Content You Post

You may submit, offer, contribute, post, or otherwise provide to the Site content, such as ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions (collectively, “User Content”). You grant to Salons by JC a perpetual, non-exclusive, transferable, sub-licensable, paid-up, royalty-free, worldwide license to use any User Content. This license includes, without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content (in whole or part) worldwide and/or to incorporate it in other works or materials in any form, media, or technology now known or later developed, in both digital and physical channels, for any purpose. Salons by JC shall not be obligated to (i) maintain User Content in confidence; (ii) pay you any compensation for User Content; (iii) credit or acknowledge you for User Content; or (iv) respond to User Content. You acknowledge and agree that it is your obligation to make sure the User Content does not violate the rights of any third party, including copyright, trademark, privacy, or other rights. You also acknowledge and agree that User Content may not contain libelous or otherwise unlawful, abusive, obscene, violent, or otherwise objectionable material as determined by Salons by JC in its sole discretion. You may not use the Site or submit User Content to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online services, whether or not such other services are competitive with Salons by JC. Salons by JC shall have the right, but not the obligation, to monitor User Content, to determine compliance with these Terms of Use or any rules or policies established by Salons by JC and to satisfy any law, regulation or authorized government request. Salons by JC shall have the right in its sole discretion to edit, refuse to post, or remove any User Content submitted to or posted on the Site. Without limiting the foregoing, Salons by JC shall have the right to remove, at any time and without notice to you, any material that Salons by JC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable. Salons by JC may use and/or disclose information about your demographics and use of the Site disclosed through User Content or otherwise in any manner that does not reveal your identity.

Notice Of Copyright Infringement Under The Digital Millennium Copyright Act (DMCA)

We do not permit copyright infringing activities on the Site. We may remove any User Content (as defined in the “Content You Post” section above) if properly informed that the User Content infringes another’s copyright rights. We may terminate your ability to submit User Content if, under appropriate circumstances, a person submitting User Content to the Site is determined to be a repeat infringer. If you are a copyright owner or an agent for such owner and believe that any User Content on the Site infringes your copyrights, you may notify us by providing the following information in writing to us at Salons by JC, ATTN.: Marketing Department, 18402 U.S. Hwy 281 N., Suite 267, San Antonio, TX 78259:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  2. Identification of the location where the original or an authorized copy of the copyrighted work exists;
  3. Identification of the User Content or material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Salons by JC to locate the same;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
  5. A statement that you have a good faith belief that use of the User Content or material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. 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 copyright right that is allegedly infringed.

If you fail to comply with all of the requirements above, your notice may not be valid.

Links To Other Websites And Services

To the extent that this Site contains links to outside services and resources, any concerns regarding any such service or resource, or any link included on this Site, should be directed to the particular outside service or resource. Salons by JC has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources. 

WARRANTIES; DISCLAIMER

THIS SITE AND SITE CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT SALONS BY JC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE. SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW EXPRESSLY PROHIBITS SUCH EXCLUSIONS, ANY SUCH EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

NO LIABILITY

SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL SALONS BY JC OR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS (1) BE LIABLE TO USERS WITH RESPECT TO THE USE OF THE SITE, THE SITE CONTENT, OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO SALONS BY JC’S RECORDS, PROGRAMS OR SERVICES; AND (2) BE LIABLE TO USERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITE OR ANY OF ITS FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.

Inaccuracy Disclaimer

From time to time there may be information of a verbal, visual, or other nature on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. Salons by JC reserves the right to correct any errors, inaccuracies, or omissions, to cancel any orders due to pricing mistakes or other reasons, and to change or update information at any time without prior notice (including after you have submitted your order). 

Indemnification

You agree to defend, indemnify and hold Salons by JC and its affiliates and their officers, directors, employees, agents, and shareholders harmless from and against any and all claims, damages, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following: (i) any text, materials or content of any kind that you contribute or post to the Site or your access to or use of this Site; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We will promptly notify you of any claim which we become aware of and which we believe to be subject to indemnification under this Section; provided that our failure to promptly notify you shall not affect your indemnification obligations hereunder except to the extent that our failure to promptly notify you materially prejudices your ability to defend the claim. You must cooperate in the defense of any claim as we require. Salons by JC reserves the right to assume the exclusive defense and control of any matter subject to your indemnification obligations. You must not settle any claim without Salons by JC’s prior written consent.

Termination

These Terms of Use may be terminated by Salons by JC at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers, limitations of liabilities, arbitration, and class-action waiver set forth in this agreement and Salons by JC’s license to User Content, shall survive.

Mandatory Arbitration Of Disputes

You agree that all disputes between you and Salons by JC (whether or not such dispute involves a third party) with regard to your relationship with Salons by JC, including without limitation disputes related to these Terms of Use, your use of this Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Salons by JC hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local small claims court, if permitted by that court’s rules, and only so long as such a matter is pending in that court. You may bring claims only on your own behalf. Neither you nor Salons by JC will participate in a class action lawsuit or class action arbitration for any claims covered by these Terms of Use. This dispute resolution provision will be governed by the Federal Arbitration Act. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have the authority to award damages, remedies, or awards that conflict with these Terms of Use. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

Governing Law And Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. These Terms of Use will specifically not be governed by the United Nations Convention on Contracts for the International Sale of Goods (if otherwise applicable). For any action at law or in equity relating to the arbitration provision of these Terms of Use, you agree to resolve any dispute you have with Salons by JC exclusively in a state or federal court located in San Antonio, Texas, and to submit to the personal jurisdiction of the courts located in Bexar County for the purpose of litigating all such disputes.

Time Limitation On Claims

You agree that any claim you may have arising out of or related to your relationship with Salons by JC must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Severability And Waiver

If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable, and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Entire Agreement

These Terms of Use and the Privacy Policy are the entire agreement between you and Salons by JC relating to the subject matter herein and shall not be modified except by Salons by JC in accordance with these Terms of Use. No employee, agent, or other representatives  of Salons by JC has any authority to bind Salons by JC with respect to any statement, representation, warranty, or other expressions  not specifically set forth in these Terms.

Assignment

These terms are neither assignable nor transferrable by you, by operation of law or otherwise, without Salons by JC’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms of Use, without our consent, is null and of no effect. Salons by JC may assign or transfer these Terms of Use, at its sole discretion, without restriction. Subject to the preceding , these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship Of Parties

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Salons by JC and any User or any other person is intended or created by these Terms of Use.

References

All references in these Terms of Use to Sections and other subdivisions refer to the Sections and other subdivisions of these Terms of Use unless expressly provided otherwise. The word “including” shall not be restrictive. The word “or” has the inclusive meaning represented by the phrase “and/or.” The words “this Agreement,” “herein,” “hereof,” “hereby,” “hereunder” and words of similar import refer to this Agreement as a whole and not to any particular subdivision unless expressly so limited. All headings and captions in these Terms of Use are for convenience of reference only and are not intended to and shall not define or limit the scope or intent of any provision of this Agreement.

Surviving Obligations

Upon expiration or termination of this Agreement, the obligations which by their nature are intended to survive expiration or termination of this Agreement, will survive.

Comments

Salons by JC welcomes your comments. If you have questions or comments about our policies, feel free to send us an email at [email protected].