Terms and Conditions for Where to By Hair Extensions.com
In order to be an Independent Contractor for us, you must be the full age of majority in the jurisdiction in which you intend to market our products. You must agree to follow and be bound by our Terms and Conditions as may be amended from time to time. You understand that failure to comply with the Terms and Conditions could result in termination of your contract.
You must clearly identify yourself by full name and as an Independent Contractor on all contacts with us or with others if your contact with them relates to our Services or Products. In signing up any new Independent Contractors, you will ensure that all required forms are submitted fully and legibly completed and that all Independent Contractors that you enroll are familiar with these Terms and Conditions. You agree to be responsible to ensure that any orders are paid for by valid and current credit card or electronic funds transfer. You agree to notify our office at least 5 days prior to any order, of any changes that might affect payment for your order, including new credit card or new expiry date on your credit card or changes in the shipping address. You understand that failure to do so could result in you not qualifying for your commission check.
Your use of this Service is expressly conditioned upon your acceptance of our Terms and Conditions and the following terms, conditions, and policies, including any future amendments, (collectively, the “Agreement”):
Commission Structure http://www. ___________/Commissions
Privacy Policy http://www. _______/privacy
Refund Policy http://www._________/refund
Anti-Spam Policy http://www. _________/spam
You consent to our collecting and using personal information in accordance with our Privacy Policy.
All marketing done by Independent Contractors must be done in accordance with this Agreement and according to law. All marketing materials created by or used by Independent Contractors must be approved in advance by ____. We provide Independent Contractors with templates for websites. Anything added by the Independent Contractors to these websites is done at their full responsibility.
All information or advice provided as part of this web site is intended to be general in nature and you should not rely on it in connection with the making of any decision. We are not physicians and any information on this site should not be interpreted as medical advice. We are not lawyers either. So any information on this site should not be interpreted as legal advice. We try to ensure that all information provided as part of this web site is correct at the time of inclusion on the web site but cannot guarantee the accuracy of such information. We are not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action. All products are intended for their stated use only.
The legal situation for some of these products is changing. Certain states have made certain products illegal. While we take extreme precautions to monitor the situation, we will not ship products to where they have been made illegal. We cannot be responsible for changes in the laws or legal interpretations that might effect the legal status of the products we sell. You possess and market these products at your own legal risk and are advised to seek your own legal counsel should you have any questions.
We may change the terms and conditions and disclaimer set out above from time to time. By browsing this web site you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE, OUR COMPANY, STAFF AND OTHER INDEPENDENT CONTRACTORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF USE OR MISUSE OF OUR PRODUCTS.. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY ILLEGAL CONDUCT OF YOURSELF OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE LIABILITY OF OUR COMPANY AND EMPLOYEES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold us harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by us, our employees and other Independent Contractors in connection with any product or any claim arising out of your breach of the Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
This Agreement is the whole legal agreement between us. It governs your use of the Service and Products and completely replaces any prior agreements with respect to the Service and/or Products. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from this website and/or its affiliated services.
Governing Law. You agree that all matters relating to your access to or use of the Service or our Products, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in Orange County, California, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between us arising out of or in connection with your use of our Services and Products, we will attempt, promptly and in good faith, to resolve the dispute. If we are unable to resolve any such dispute within a reasonable time, each party to this Agreement agrees that any dispute or controversy arising between any of the parties to this Agreement, or any person or entity in privity therewith, out of the transactions effected and relationships created pursuant to this Agreement and each other agreement created in connection herewith, including any dispute or controversy regarding the formation, terms, or construction of this Agreement, regardless of kind or character, must be resolved through arbitration, which may be initiated by any party to this Agreement. In any such proceeding, we, in our sole discretion, shall choose the arbitrator or arbitration panel. Each party to this Agreement agrees to submit such dispute or controversy to arbitration before the American Arbitration Association in Orange County, California. Judgment on any arbitration award may be entered or appealed in any court of competent jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in connection with such dispute or controversy in a court of competent jurisdiction, provided that the dispute or controversy is ultimately resolved through binding arbitration conducted in accordance with the terms and conditions of this Agreement. In any proceeding under this section of the Agreement, the non-prevailing party shall bear all costs, including reasonable attorneys’ fees.
Statute Of Limitations. You agree that, regardless of any statute or law to the contrary, any claim you may have under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred. We may bring claims to enforce this Agreement at any time.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If we do not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. We may assign or delegate all rights and obligations under the Agreement, fully or partially.
If you have a question or complaint about this web site, please contact the webmaster at: _________________________
If you have a question or complaint about our products or services, please contact customer service at:
_________________________
Things not covered:
We strive to prevent backorders by removing temporarily out-of-stock items from our website. Occasionally backorders become necessary. If you have ordered an item that we have to backorder, we will inform you and give you the option to hold the order waiting for re-stocking or accepting a full refund
Minimum Purchases??
Processing a claim for merchandise shipped via UPS or FedEx requires us to conform to the shippers’ claims policy. Damaged merchandise must be kept in the original container with the product inside until a shipping representative has inspected the damages. Retain the shipping inspector’s documentation, and forward a copy of it to our customer service department. We will then begin processing a claim with UPS or FedEx.
Most orders for in-stock items should ship within ________ business hours after receipt. Orders that ship via UPS or FEDEX ground require your signature for delivery. If you would like to waive this requirement, please notify customer service. Orders weighing in excess of 300 pounds typically ship common carrier. If you do not have a discount program with a specified carrier, we will suggest one so that you will receive our discount.
If your order will be shipping via UPS, FEDEX or common carrier, we can e-mail you an automatic shipment notification alerting you your order has shipped. The notification will include the carrier’s tracking, airway bill or pro number allowing you to track your order. Please be sure we have your current e-mail address on file by including it on your order or when speaking with one of our customer service representatives.
