Terms of Use
Last Updated: February 28, 2020
Relaxer Lawsuit™ Privacy Policy
Thank you for visiting the Relaxer Lawsuit™ website located at www.hairrelaxercase.com (the “Site”). The Site is an Internet property of Shield Legal LLC (“Shield Legal LLC™,” “we” or “our”). This Relaxer Lawsuit™ Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when end-users (“User,” “you” or “your”): (a) access or use the Site; (b) access and/or view any of the: (i) links (“Third-Party Links”) to resources and/or information pertaining to prospective legal matters associated with medical malpractice, product liability, workplace injuries, personal injuries and/or car accidents, as well as related products and/or services (collectively, “Legal Matters”); and/or (ii) text, video and/or other information pertaining to the Legal Matters, as well as related products and/or services, as made available on the Site (the “Informational Content,” and together with the Third-Party Links, the “Content”); and/or (c) utilize the various contact forms and/or contact information made available on the Site as a means to contact directly, or request to be contacted by (collectively, the “Contact Services,” and together with the Site and Content, the “Relaxer Lawsuit™ Offerings”), Relaxer Lawsuit™ and/or attorneys associated with the Legal Matters specified by USers in connection with the contact form (collectively, the “Third-Party Legal Professionals”). Please note, if you are a resident of a European Union Member State, you are not permitted to use the Site and/or Relaxer Lawsuit™ Offerings.
Users with disabilities who wish to access this Privacy Policy in an alternative format can contact us by calling us at: (844) 929-3055; emailing us at: hello@hairrelaxercase.com; or sending us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept.,1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
Capitalized terms not defined herein shall have the meanings set forth in the Relaxer Lawsuit™ Website Terms and Conditions (“Terms and Conditions”). IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE Relaxer Lawsuit™ OFFERINGS.
Your California Privacy Rights
Shine the Light. If you are a resident of the State of California and would like to learn how your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) is shared with third parties, what categories of personal information we have shared with third parties in the preceding year, as well as the names and addresses of those third parties, please e-mail us at: hello@hairrelaxercase.com; or send us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
Further, if you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for marketing purposes, please e-mail us at: hello@hairrelaxercase.com; or send us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008. Please be advised that where California State residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from us, in accordance with applicable law.
California Consumer Privacy Act of 2018 (“CCPA”). In addition to the foregoing, if you are a resident of the State of California certain other privacy-related rights may apply to you in accordance with the CCPA, including the right to opt-out of our sale of your Personal Information, as well as the right to know what Personal Information about you we have collected, whether your Personal Information was shared with third-parties in the preceding year and, if so, what categories of Personal Information were shared, as well as the categories of third parties with whom we shared that Personal Information. Please see our “Privacy Provisions for California Residents” below for a more complete description of your rights under the CCPA as a California State resident.
Privacy Policy Quick Links
Below are links to key sections of our Privacy Policy:
Personal Information Collected
Use and Sharing of Personal Information
Non-Personal Information Collection and Use
Security of Your Personal Information
Deleting, Modifying and Updating Your Information
Changes to this Privacy Policy
Your Nevada Privacy Rights
If you are a resident of the State of Nevada and would like to opt-out from the sale of your personal information to any third party data broker, please e-mail us at: hello@hairrelaxercase.com; or send us U.S. mail to: Relaxer Lawsuit, care-of Shield Legal LLC , Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
Personal Information Collected
Please see our Privacy Provisions for California Residents below for additional details regarding the categories of personal information collected.
For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual. We collect personal information when you access certain of the Relaxer Lawsuit™ Offerings, including the Contact Services, and complete the required information request form(s) and/or otherwise provide such information to us. The information that you must supply on the form(s) may include, without limitation: (a) your full name; (b) your e-mail address; (c) your telephone number; (d) information pertaining to the type of Legal Matter that you are inquiring about (e.g. type of injury suffered, applicable medical conditions, date of injury, etc.); and/or (d) any other information requested by us on the Form (collectively, “Submitted Data”).
Upon entering Submitted Data and clicking on the applicable submission button on the Site, Relaxer Lawsuit™ may pass Submitted Data along to one (1) or more of the Third-Party Legal Professionals.
Please be advised that Relaxer Lawsuit™ does not itself provide legal-related products and/or services in connection with any Legal Matter, and the ultimate terms and conditions of any legal-related products and/or services made available via the Contact Services, or otherwise by and through the Relaxer Lawsuit™ Offerings, shall be determined by the applicable Third-Party Legal Professional(s).
Use and Sharing of Personal Information
Please see our Privacy Provisions for California Residents below for details regarding our use and sharing of personal information.
Upon entering Submitted Data and clicking on the applicable submission button on the Site, Relaxer Lawsuit™ may pass Submitted Data along to one (1) or more of the Third-Party Legal Professionals. Other than sharing your personal information with Third-Party Legal Professionals in connection with the Legal Matter that you are inquiring about, Relaxer Lawsuit™ will never share, sell, rent, exchange or barter your personal information to or with any third-party for financial gain or marketing purposes. By making that personal information available to Relaxer Lawsuit™, you grant Relaxer Lawsuit™ the right, subject to applicable law, to use that personal information to contact you by telephone and email regarding your use of the Site Offerings (including in connection with the Contact Services). If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message or see the “Opt-Out/Unsubscribe” section below.
Where you submit personal information, we use the personal information that you make available to facilitate the delivery of the applicable Relaxer Lawsuit™ Offerings to you, including to respond to any inquiries made by you. You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Relaxer Lawsuit™ Offerings, and to keep you informed of our other products and services.
We may also employ other companies and individuals to perform certain functions on our behalf. Examples include the credit check referenced above, processing credit card and other payment transactions, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our Users’ personal information (including Sensitive Information, where applicable) as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.
We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Relaxer Lawsuit™ Offerings. We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Relaxer Lawsuit™ Offerings. We may also combine the information we have gathered about you with information from other sources.
By submitting your personal information by and through the Relaxer Lawsuit™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations. As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.
Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive from Relaxer Lawsuit™ and, where applicable, the designated Third-Party Legal Professional(s), telephone calls, including artificial voice calls, pre-recorded messages and/or calls (including text alerts via SMS text messages delivered via automated technology, to the telephone number(s) that you provided. Please note that you are not required to provide this consent in order to obtain access to the Relaxer Lawsuit™ Offerings, and your consent simply allows Relaxer Lawsuit™ to contact you via these means. Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes. Without limiting the foregoing, if you: (A) have your telephone number reassigned to another person or entity; (B) give up your telephone number so that it is no longer used by you; (C) port your telephone number to a landline or vice versa; or (D) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Relaxer Lawsuit™ of the Phone Number Change via e-mail at: hello@hairrelaxercase.com, or by using one of the methods set forth in the “Contact Us” section below.
We reserve the right to release current or past personal information: (I) in the event that we believe that the Relaxer Lawsuit™ Offerings are being or have been used in violation of the Terms and Conditions or to commit unlawful acts; (II) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (III) if we are sold, merge with a third-party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Relaxer Lawsuit™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.
You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws. Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.
Non-Personal Information Collection and Use
Please see our Privacy Provisions for California Residents below for more details regarding the categories and types of non-personal information collected.
Computer IP Addresses/Browser Type
We may collect certain non-personally identifiable information about you and your desktop computer when you visit many of the pages of the Site. This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T). We use the non-personally identifiable information that we collect to improve the design and content of the Relaxer Lawsuit™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Relaxer Lawsuit™ Offerings.
Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer and/or mobile device, as applicable. A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you. Cookies have many benefits to enhance your experience on the Site, as applicable. To find out more about Cookies, please visit www.cookiecentral.com. We use Cookies to improve the quality of the Relaxer Lawsuit™ Offerings, including for storing User preferences and tracking Site usage (such as pages opened and length of stay at the Site, as applicable).
Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent. To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Relaxer Lawsuit™ Offerings; provided, however, that certain functions of the Relaxer Lawsuit™ Offerings may be impaired or rendered inoperable if the use of Cookies is disabled. We reserve the right to retain Cookie data indefinitely.
Behavioral Tracking
Relaxer Lawsuit™ and its third-party partners use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) to analyze trends, administer the Site, track Users’ movements around the Site and to gather demographic information about our User base as a whole. In addition, we partner with a third-party to use Tracking Technology in connection with the display of advertising on our Site and to manage the serving of our advertising on other websites. Our third-party partners may use Tracking Technology to gather information about your activities on the Site and other websites in order to provide you advertising based upon your browsing activities and interests.
If you wish to opt-out of having this information used for the purpose of serving you interest-based ads, you may opt-out by email. In addition, Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers. Further, Users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance. Please note that opting out of this tracking activity does not opt you out of being served advertising. Even where you opt out of this tracking activity, you will continue to receive generic ads.
Cross Device Tracking
Relaxer Lawsuit™ tracks Users’ use of the Relaxer Lawsuit™ Offerings across various devices, including your personal computer and mobile device, in order to optimize and personalize your Relaxer Lawsuit™ Offerings experience. Relaxer Lawsuit™ may collect certain of your personal information across various devices. Please be advised that where you opt-out of having your use of the Relaxer Lawsuit™ Offerings tracked across devices, you may need to upload certain information multiple times and/or input your log-in information multiple times.
Aggregate Data
Relaxer Lawsuit™ reserves the right to transfer and/or sell aggregate or group data about Users of the Relaxer Lawsuit™ Offerings for lawful purposes. Aggregate or group data is data that describes the demographics, usage and other characteristics of Users as a group, without disclosing personally identifiable information.
Third-Party Websites
This Site may contain links to third-party owned and/or operated websites. Relaxer Lawsuit™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Relaxer Lawsuit™ has no responsibility or liability relating to them.
Security of Your Personal Information
We endeavor to safeguard and protect our Users’ personal information. When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline). Where our registration/application process prompts Users to enter sensitive information (such as medical information, driver’s license/ID card number, health insurance information, data collected from an automated license plate recognition system, Social Security Number and credit card information), and when we store and transmit such sensitive information, that information is encrypted with advanced TLS (Transport Layer Security).
Access to your personal information is strictly limited, and we take reasonable security measures to ensure that your personal information is not accessible to the public. All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information. Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.
Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law. For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, other Relaxer Lawsuit™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.
In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Children’s Privacy
Please see our Privacy Provisions for California Residents below for more details regarding the personal information of minors.
Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site. Relaxer Lawsuit™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age.
Opt-Out/Unsubscribe
Please see our Privacy Provisions for California Residents below for instructions on how California Residents can opt-out of the sale of their personal information to third parties.
To opt-out of receiving e-mail and other forms of communication from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: hello@hairrelaxercase.com.
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Relaxer Lawsuit™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Relaxer Lawsuit™ Offerings-related and/or inquiry response-related messages from Relaxer Lawsuit™, you must cease requesting and/or utilizing the Relaxer Lawsuit™ Offerings and/or cease submitting inquiries to Relaxer Lawsuit™, as applicable.
Deleting, Modifying and Updating Your Information
Please see our Privacy Provisions for California Residents below for instructions on how California Residents can access and/or delete personal information that we have collected.
At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have otherwise collected. You may do so by e-mailing us at: hello@hairrelaxercase.com. We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
Please be advised that deleting your personal information may terminate your access to certain of the Relaxer Lawsuit™ Offerings. If you wish to continue using the full complement of Relaxer Lawsuit™ Offerings, you may not be able to delete all of the personal information that we have on file for you.
Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.
Transfer of Personal Information Internationally
If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers. Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.
Changes to this Privacy Policy
Relaxer Lawsuit™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy. If the manner in which we use personal information changes, Relaxer Lawsuit™ will notify Users by: (a) sending the modified policy to our Users via e-mail; and/or (b) by any other reasonable means acceptable under applicable state and federal law. You will have a choice as to whether or not we use your information in this different manner and we will only use your information in this different manner where you opt-in to such use.
Contact Us
If you have any questions about this Privacy Policy or our privacy practices in general you may e-mail us as at: hello@hairrelaxercase.com; or send us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
Privacy Provisions for California Residents
These Privacy Provisions for California Residents (“Provisions”) supplement, and do not limit in any way, the Privacy Policy set forth above. These Provisions apply solely to residents of the State of California (“CA Users”). We adopt these Provisions in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in these Provisions. Users with disabilities who wish to access these Provisions in an alternative format can contact us by emailing us at: hello@hairrelaxercase.com; calling us at: (844) 929-3055; or sending us mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
Categories of Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular CA User or device (“personal information”). In particular, we have collected the following categories of personal information from CA Users within the last twelve (12) months:
Category | Examples | Collected |
A. Identifiers. | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, telephone number, or other similar identifiers. | YES |
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). | A name, signature, Social Security number, physical characteristics or description, postal address, telephone number, passport number, driver's license or State identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. | YES |
C. Protected classification characteristics under California or federal law. | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | YES |
F. Internet or other similar network activity. | Browsing history, search history, information on a CA User's interaction with a website, application or advertisement. | YES |
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated CA User information.
- Information excluded from the CCPA's scope, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources (with the specific categories of personal information indicated in parenthesis):
- Directly from our CA Users. For example, from online registration forms that our CA Users submit to us related to the products and/or services that we (and our third party service providers) offer by and through the Site. (Categories A, B and C)
- Indirectly from our CA Users. For example, through information we collect from our CA Users in the course of providing our products and/or services to them. (Categories A, B, C and F)
- Directly and indirectly from activity on the Site. This includes the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet Service Provider. In addition, we obtain certain Site usage details and analytics as same are collected automatically by us and our third party partners. (Category F)
- When our CA Users interact with us on our social media accounts, including commenting on and/or liking our posts. (Category F)
- From third-parties that interact with us in connection with the products and/or services that we offer to our CA Users. For example, third party entities that assist us in sending direct and electronic mail, removing duplicate information from CA User lists, analyzing data and providing marketing analysis. (Categories A, B, C and F)
Use of Personal Information
We may use or disclose the personal information that we collect (including: (a) name; (b) e-mail address; (c) telephone number; and/or (d) information pertaining to the type of Legal Matter that you are inquiring about) for one or more of the following business purposes (with the specific categories of personal information indicated in parenthesis):
- To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in connection with your request for information regarding legal services, as well as information regarding the other products and/or services featured on the Site, we will use that personal information to better provide you with the requested information. (Categories A, B and C)
- To provide you with information, products or services that you request from us. (Categories A, B, C and F)
- To create, maintain, customize and secure your account with us. (Categories A, B, C and F)
- To provide you with e-mail, direct mail and telemarketing messages concerning certain Relaxer Lawsuit™ products and/or services, as well as third-party products and/or services, that we believe may be of interest to you. (Categories A, B, C and F)
- To deliver relevant Site content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you. (Categories A, B, C and F)
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including the Site’s Terms and Conditions. (Categories A, B, C and F)
- To improve the Site and better present its contents to you. (Categories A, B, C and F)
- For customer service purposes and to respond to inquiries from you. (Categories A, B and C)
- For testing, research, analysis and product development. (Categories A, B, C and F)
- As necessary or appropriate to protect our rights, property or safety, and that of our clients or others. (Categories A, B, C and F)
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. (Categories A, B, C and F)
- As described to you when collecting your personal information or as otherwise set forth in the CCPA. (Categories A, B, C and F)
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us is among the assets transferred. (Categories A, B, C and F)
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated or incompatible purposes without providing you with notice.
Sharing Personal Information
Subject to your right to opt-out of such sharing/sale, we may share, rent and/or sell your personal information from Categories A, B, C and F (including: (a) name; (b) e-mail address; (c) telephone number; and/or (d) information pertaining to the type of Legal Matter that you are inquiring about): (i) with/to third parties who provide the legal services and/or other services requested by you by and through the Site; and (ii) for the other business purposes set forth above.
When we disclose personal information to a third party service provider or other entity, we enter into a contractual relationship that describes the purpose for which such third party may use the personal information and requires that third party to both keep the personal information confidential and not use it for any purpose other than the performance of its services under the applicable contract. Please note, we do not collect information from CA Users that we actually know are less than eighteen (18) years of age and we do not share or sell the personal information of CA Users that we actually know are less than eighteen (18) years of age. Without limiting the foregoing, we have not shared or sold the personal information of CA Users that we actually know are less than sixteen (16) years of age in the preceding twelve (12) months.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category F Internet or other similar network activity.
We disclose your personal information (including: (a) name; (b) e-mail address; (c) telephone number; and/or (d) information pertaining to the type of Legal Matter that you are inquiring about) for a business purpose to the following categories of third parties (with the specific categories of personal information indicated in parenthesis):
- Our affiliates. (Categories A, B, C and F)
- Service providers. (Categories A, B, C and F)
- Third parties who provide the legal-related products and/or services featured on the Site. (Categories A, B, C and F)
- Third parties to whom you authorize us to disclose your personal information in connection with the products and/or services that we provide to you. (Categories A, B, C and F)
In the preceding twelve (12) months, we have sold the following categories of personal information to third parties:
Category A Identifiers.
Category B California Customer Records personal information categories.
Category C Protected classification characteristics under California or federal law.
Category F Internet or other similar network activity.
In the preceding twelve (12) months, we have sold the above referenced categories of personal information to the third parties who provide the legal-related products and/or services featured on the Site.
Your Rights and Choices
The CCPA provides CA Users (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Opt-Out from the Sale of Your Personal Information
You have the right to opt-out of our sale of your personal information to third parties. To exercise your right to opt-out of our sale of your personal information to third parties, please submit a verifiable CA User request to us by either:
- Clicking here
- Emailing us at: hello@hairrelaxercase.com; or
- Sending us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
We endeavor to act on all opt-out requests as soon as practicable, but in all cases within fifteen (15) days of the receipt of your request.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable CA User request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we have shared that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable CA User request, we will delete (and direct our service providers to delete) your personal information from our (their) records, unless an exception applies; provided, however, that in some cases, strictly for regulatory compliance purposes and to better evidence/honor opt-out/unsubscribe requests (and for no other purposes), we may retain certain items of your personal information on a de-identified and aggregated basis in such a manner that the data no longer identifies you.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our obligations in connection with our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech rights, ensure the right of another CA User to exercise her/his free speech rights or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, but only if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with CA User expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability and Deletion Rights
To exercise your access, data portability and/or deletion rights described above, please submit a verifiable CA User request to us by either:
- Clicking here
- Emailing us at: hello@hairrelaxercase.com; or
- Sending us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable CA User request related to your personal information.
You may only make a verifiable CA User request for access or data portability twice within a 12-month period. The verifiable CA User request must:
- Provide sufficient information that allows us to reasonably verify that you are: (1) the person about whom we collected personal information; or (2) an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. Making a verifiable CA User request does not require that you create an account with us. We will only use personal information provided in a verifiable CA User request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to all verifiable CA User requests within forty-five (45) days of the receipt thereof. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures that we provide will only cover the twelve (12) month period preceding the receipt of your verifiable request. The response that we provide will also explain the reasons that we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable CA User request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; and/or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to these Privacy Provisions
We reserve the right to amend these Privacy Provisions in our discretion and at any time. When we make changes to these Privacy Provisions, we will notify you by email or through a notice on the Site’s homepage.
Contact Information
If you have any questions or comments about these Privacy Provisions, our Privacy Policy, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us by either:
- Emailing us at: hello@hairrelaxercase.com; or
- Sending us U.S. mail to: Relaxer Lawsuit, Attn: Legal Dept., 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008.
e="font-weight: 400;" data-tf-id="17866">Updated May 9, 2019
References to "we", "us" and "our" herein refer to Bank Discrimination Lawsuit.
Welcome to Bank Discrimination Lawsuit's website, owned and operated by Bank Discrimination Lawsuit ("Bank Discrimination Lawsuit", "we", "us" and "our"). Please read the following Terms of Use as they, together with all the other Terms and Conditions referred to below, govern your access and use of our Site.
By using the Services you agree to these Terms of Service set forth below as they may be updated from time to time by Bank Discrimination Lawsuit. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.
Contact
If you have any additional questions regarding this Agreement, please feel free to contact us any time at hello@hairrelaxercase.com.
Help
To obtain help you may:
Email us at: hello@hairrelaxercase.com
Call us at: (844) 929-3055 M-F 9am-5pm Pacific Time.
Terminating the Service
By You. You may terminate any of the Services or subscriptions at any time by texting STOP to 96059
By using Bank Discrimination Lawsuit, you agree that Bank Discrimination Lawsuit, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made available through the Services, if Bank Discrimination Lawsuit believes that you have violated or acted inconsistently with this Agreement. You agree that Bank Discrimination Lawsuit shall not be liable to you or any third party for any termination of your access to the Services.
Frequency of Messaging
Bank Discrimination Lawsuit alerts are delivered via text messaging to your mobile phone, 3 msg/week.
Access to the Services
In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Bank Discrimination Lawsuit makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER'S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM.
Message & data rates may apply
Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS.
The Wireless Carriers are not liable for delayed or undelivered messages.
In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.
If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.
Bank Discrimination Lawsuit reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Services. Bank Discrimination Lawsuit uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that Bank Discrimination Lawsuit will not be liable to you for any modification, suspension or discontinuance of the Services.
Conduct
When we use the term "Site" we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the bankdiscriminationlawsuit.com domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term "Site," we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the "look and feel", as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term "Content" when we refer to them separately. When we use the term "Services" we mean any services provided as an online functionality or feature of the Site.
You agree to not use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or "spam". You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Services in any way which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitors or copies content from the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.
Privacy
Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is incorporated herein. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Submissions
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Bank Discrimination Lawsuit shall be and remain the exclusive property of Bank Discrimination Lawsuit. Your submission of any such Comments shall constitute an assignment to Bank Discrimination Lawsuit of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Bank Discrimination Lawsuit will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Bank Discrimination Lawsuit expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
Trademarks, Names and Logos
All trademarks, names and logos used on Bank Discrimination Lawsuit's website or delivered via the Services are owned by Bank Discrimination Lawsuit or Bank Discrimination Lawsuit's third party licensors (unless otherwise stated). Your use of the Services and our website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of the Services or our website. Without Bank Discrimination Lawsuit's prior permission, you agree not to display or use in any manner, the Bank Discrimination Lawsuit trademarks, names and logo.
Copyright Infringement
Bank Discrimination Lawsuit is not responsible for any violations of any intellectual property rights by any user of the Services. If you believe that your intellectual property rights have been infringed by another user please contact us hello@hairrelaxercase.com. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.
Age Requirements and Service Limitations
Users of the Services must be at least 13 years of age. By using the Services, you are representing that you are at least 18 or that you are at least 13 years old and have your parents' permission to use the service.
We reserve the right to terminate any account for non-use of longer than 90 days.
You are solely responsible for all security information relating to your use of the Services, and are fully responsible for all activities that occur under your mobile phone number.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bank Discrimination Lawsuit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bank Discrimination Lawsuit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Bank Discrimination Lawsuit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Bank Discrimination Lawsuit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.
Indemnification
You agree to defend, indemnify, and hold harmless Bank Discrimination Lawsuit and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services by you or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Services, or (iii) any other activity related to your account (including negligent or wrongful conduct). Bank Discrimination Lawsuit reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Bank Discrimination Lawsuit and its counsel in the conduct of such defense.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and you do not have any authority of any kind to bind Bank Discrimination Lawsuit in any respect whatsoever.
Bank Discrimination Lawsuit may transfer, assign or delegate these Terms of Service and the rights and obligations hereunder without your consent.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Services shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and Bank Discrimination Lawsuit with respect to your use of the Services.
These Terms of Use are effective as of January 31, 2016.
Welcome to Bank Discrimination Lawsuit's website, owned and operated by Bank Discrimination Lawsuit ("Bank Discrimination Lawsuits", "bankdiscriminationlawsuit.com ", "we", "us" and "our"). Please read the following Terms of Use as they, together with all the other Terms and Conditions referred to below, govern your access and use of our Site.
ACCEPTANCE OF THE TERMS OF USE
THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE. YOU AGREE TO MANDATORY ARBITRATION AND WAIVER OF THE ABILITY TO BRING A CLAIM IN A CLASS ACTION FORMAT.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE, BECAUSE IF YOU USE OR CONTINUE THE SITE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE AS A CONDITION OF SUCH USE.
YOU AGREE THAT BY USING OUR SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
When you see the word "use" or "using" in connection with our Site or us in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Site, for any purpose. Also, when we use the term "including" it means "including, without limitation" or "including, but not limited to" and construed as inclusive and illustrative and not exclusive or limiting.
We may refer to you or any individual that uses our Site as "you" or "your" or a "user." If we use the term "Our Companies," in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with Bank Discrimination Lawsuit.
When we use the term "Site" we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the bankdiscriminationlawsuit.com domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term "Site," we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the "look and feel", as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term "Content" when we refer to them separately. When we use the term "Services" we mean any services provided as an online functionality or feature of the Site.
These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site ("Additional Terms") all of which are incorporated by reference and form a part of our Terms of Use for all purposes. In the event of a conflict, these Terms of Use shall control although the Additional Terms may govern use of particular products, solutions, or services. To make reading and understanding your agreement with us easier, we will use the expression "Terms of Use" to mean and refer to this document, as well as our Privacy Policy and any Additional Terms that apply to you.
By using our Site you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use which constitute the legal agreement you have with us. If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately because continued use shall constitute acceptance of these Terms of Use.
WE CAN CHANGE OUR TERMS OF USE AND SITE
We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.
OUR PRIVACY POLICY
Your privacy is important to us. We have developed a Privacy Policy in order to inform you of how we collect and use information we obtain from you. All information we collect on the Site is subject to our Privacy Policy, and our Privacy Policy is incorporated into and is a part of these Terms of Use.
RULES OF CONDUCT
You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use.
You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;
Engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
Impersonate or attempt to impersonate Bank Discrimination Lawsuit, Bank Discrimination Lawsuit's employees, or any other person, firm, or enterprise;
Use the Site for posting or otherwise using malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;
Violate, or attempt to violate any security features of the Site or Service;
Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site or Service to a human-perceivable form;
Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise;
Advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
Otherwise attempt to interfere with the proper working of the Site.
We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Any violation of system or network security may subject you to civil and/or criminal liability.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof ("Bank Discrimination Lawsuit Content"), are owned by, licensed by, or provided to Bank Discrimination Lawsuit. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the Bank Discrimination Lawsuit Content and the Service.
These Terms of Use permit you to use the Site for your own personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you may not reproduce, modify, publish, prepare derivative works, or distribute copies of the Bank Discrimination Lawsuit Content in whole or in part. You acknowledge and agree that if you use any Content in violation of our Terms of Use, any other party's rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.
POSTING AND SUBMITTING USER CONTENT
Our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display to other users (referred to as Posting") content or materials (collectively, "User Content"). By Posting, you represent that you own or have the right to engage in or submit, display or use the User Content and you specifically agree your User Content shall not violate any law or regulation, our Terms of Use or the rights of others.
We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any User Content. We also have no obligation to monitor or continue to monitor your use of the Site or your User Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. We do not endorse User Content, nor do we screen them.
Your User Content and/or your account are your responsibility, although we ask that you notify us if you know or suspect the security of your user identification, log-in and password may have been compromised so that we can take responsive action. But, in general, you are solely responsible for activities undertaken through your registration, profile, user account or login identification or password and you will defend and indemnify us (see the Section entitled "You Indemnify Us") for any User Content submitted, displayed, use, or transferred under the foregoing. In accordance with the foregoing, if you suspect that your log-in identification or password may have been compromised, please notify us immediately at hello@hairrelaxercase.com.
OUR RIGHT TO USER CONTENT
User Content will be considered non-confidential and non-proprietary and may be used by our affiliates, Our Companies, or Bank Discrimination Lawsuit. Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to Bank Discrimination Lawsuit or the Site, you are:
Giving us a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast the User Content in connection with your use of the Site without additional accounting to you or notifying you in any way; and
Representing and warranting to us you have the right to submit the User Content and grant the rights and license described above.
If anyone else has or may have rights to the User Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled "You Indemnify Us").
MOBILE SERVICES
The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, "Mobile Services"). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with our Terms of Use.
COPYRIGHT INFRINGEMENT
On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else's, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
PRODUCT REDEMPTION
From time to time we may distribute deals, freebies, or samples (collectively, "Offers"). The availability of the Offers may vary based on location and timing. In redeeming an Offer, you further agree to the Bank Discrimination Lawsuit Sample Offer Terms and Conditions, which are incorporated into these Terms of Use.
PROMOTIONS
From time to time we may offer sweepstakes, contests, or other similar promotions ("Promotions"). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.
THIRD PARTY CONTENT AND LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties ("Third Party Content"). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third Party Content.
THIRD PARTY MERCHANTS
Bank Discrimination Lawsuit contains many Offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party Offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any Offers.
TERM AND TERMINATION
Our Terms of Use will take effect at the moment you click "ACCEPT", register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Bank Discrimination Lawsuit reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and our Terms of Use with you will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate our Terms of Use at any time by ceasing to use the Site, but all applicable provisions of our Terms of Use will survive termination, as identified below, and each re-access or use of the Site will reapply our Terms of Use (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Bank Discrimination Lawsuit's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.
WE HAVE THE RIGHT TO TERMINATE
We have the right to discontinue, suspend or terminate our Site or your use of the Service and/or our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: (i) refuse to allow you further Posting; (ii) remove or delete Postings; (iii) revoke your right to use our Site; (iv) revoke and terminate your Bank Discrimination Lawsuit account; (v) use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses or deactivating your registration.
YOU INDEMNIFY US
By using our Site, you agree to defend and hold harmless any or all of Our Companies against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity ("Claim") and you shall indemnify and hold Our Companies harmless from and against any and all losses, damages, costs and expenses, including attorneys' fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase "you will defend and indemnify us" anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.
DISCLAIMERS AND LIMITATION OF LIABILITY
OUR SITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
GOVERNING LAW
Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You submit to the jurisdiction of the State and Federal courts situated in San Diego County, California, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.
INJUNCTIVE RELIEF
You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of Bank Discrimination Lawsuit proprietary assets, will cause irreparable injury to Bank Discrimination Lawsuit, such injury would not be quantifiable in monetary damages, andBank Discrimination Lawsuit would not have an adequate remedy at law. You therefore agree that Bank Discrimination Lawsuit shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that Bank Discrimination Lawsuit post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Bank Discrimination Lawsuit to enforce any provision of our Terms of Use.
ARBITRATION AND CLASS ACTION WAIVER
You agree to first contact us at hello@hairrelaxercase.com for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in San Diego, California.
MISCELLANEOUS
The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a 'writing' for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of Our Companies, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else' rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
THIS SITE IS FOR UNITED STATES USE ONLY
We control and operate the Site from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.
FEEDBACK AND SUBMISSIONS
Bank Discrimination Lawsuit welcomes your feedback and suggestions about Bank Discrimination Lawsuit's programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Bank Discrimination Lawsuit, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Bank Discrimination Lawsuit and enable Bank Discrimination Lawsuit to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Bank Discrimination Lawsuit to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Bank Discrimination Lawsuit has adopted the following procedure regarding copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which is located at http://www.copyright.gov/legislation/dmca.pdf.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Bank Discrimination Lawsuit's Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent. Bank Discrimination Lawsuit will respond expeditiously to any claims of copyright infringement that are properly reported.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Bank Discrimination Lawsuit
Full Address of Designated Agent to Which Notification Should Be Sent: 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008. Email Address of Designated Agent: hello@hairrelaxercase.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your contact information, including your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
© 2019 Bank Discrimination Lawsuit. All Rights Reserved.
Terms of Use
Updated May 9, 2019
References to "we", "us" and "our" herein refer to Bank Discrimination Lawsuit.
Welcome to Bank Discrimination Lawsuit's website, owned and operated by Bank Discrimination Lawsuit ("Bank Discrimination Lawsuit", "we", "us" and "our"). Please read the following Terms of Use as they, together with all the other Terms and Conditions referred to below, govern your access and use of our Site.
By using the Services you agree to these Terms of Service set forth below as they may be updated from time to time by Bank Discrimination Lawsuit. We may modify these Terms of Service from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Please visit this page frequently to check for changes in these Terms of Service. The date of the last update will be posted at the top of these Terms of Service for your convenience. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes your full acceptance of those changes.
Contact
If you have any additional questions regarding this Agreement, please feel free to contact us any time at hello@hairrelaxercase.com.
Help
To obtain help you may:
Email us at: hello@hairrelaxercase.com
Call us at: (844) 929-3055 M-F 9am-5pm Pacific Time.
Terminating the Service
By You. You may terminate any of the Services or subscriptions at any time by texting STOP to 96059
By using Bank Discrimination Lawsuit, you agree that Bank Discrimination Lawsuit, at its sole discretion, may at any time terminate your use of all or any portion of the Services and/or change its content offering made available through the Services, if Bank Discrimination Lawsuit believes that you have violated or acted inconsistently with this Agreement. You agree that Bank Discrimination Lawsuit shall not be liable to you or any third party for any termination of your access to the Services.
Frequency of Messaging
Bank Discrimination Lawsuit alerts are delivered via text messaging to your mobile phone, 3 msg/week.
Access to the Services
In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Bank Discrimination Lawsuit makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access. YOUR CARRIER'S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM.
Message & data rates may apply
Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS.
The Wireless Carriers are not liable for delayed or undelivered messages.
In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service.
If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.
Bank Discrimination Lawsuit reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the Services. Bank Discrimination Lawsuit uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that Bank Discrimination Lawsuit will not be liable to you for any modification, suspension or discontinuance of the Services.
Conduct
When we use the term "Site" we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the bankdiscriminationlawsuit.com domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term "Site," we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the "look and feel", as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term "Content" when we refer to them separately. When we use the term "Services" we mean any services provided as an online functionality or feature of the Site.
You agree to not use the Services to transmit any unsolicited or unauthorized advertising, promotional materials or "spam". You agree not to assume the identity of any individual other than yourself or to use a mobile telephone number belonging to a third party without their permission. You agree not to use the Services in any way which: (i) restricts or inhibits any other users from using and enjoying the Services; (ii) transmits a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware, telecommunications equipment or system; (iii) is intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of the Services; (iv) monitors or copies content from the Services by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; (v) imposes an unreasonable or disproportionately large load on our infrastructure; (vi) involves fraudulent or illegal activities; (vii) transmits content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party, including through the selection of a user or screen name or (viii) is intended to harass or annoy others.
Privacy
Our collection of information from you, such as your mobile phone number, is subject to our Privacy Policy, which is incorporated herein. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.
Submissions
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent by you to Bank Discrimination Lawsuit shall be and remain the exclusive property of Bank Discrimination Lawsuit. Your submission of any such Comments shall constitute an assignment to Bank Discrimination Lawsuit of all worldwide right, title and interest in all copyrights and other intellectual property rights in the Comments. Bank Discrimination Lawsuit will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. You agree not to submit any Comments that may be submitted in violation of law or any agreement or obligation to keep the content of such Comments confidential. Bank Discrimination Lawsuit expressly disclaims any interest in any Comments that you are not authorized to submit. Of course, any information you submit which personally identifies you will be subject to our Privacy Policy.
Trademarks, Names and Logos
All trademarks, names and logos used on Bank Discrimination Lawsuit's website or delivered via the Services are owned by Bank Discrimination Lawsuit or Bank Discrimination Lawsuit's third party licensors (unless otherwise stated). Your use of the Services and our website does not allow you to infringe those rights or the rights of the third parties which may exist in material contained in this site. No license is expressly impliedly granted within or as a result of your use of the Services or our website. Without Bank Discrimination Lawsuit's prior permission, you agree not to display or use in any manner, the Bank Discrimination Lawsuit trademarks, names and logo.
Copyright Infringement
Bank Discrimination Lawsuit is not responsible for any violations of any intellectual property rights by any user of the Services. If you believe that your intellectual property rights have been infringed by another user please contact us hello@hairrelaxercase.com. Upon receiving your complaint, we may, in our sole discretion, terminate the account of the user who appears to be infringing your intellectual property rights.
Age Requirements and Service Limitations
Users of the Services must be at least 13 years of age. By using the Services, you are representing that you are at least 18 or that you are at least 13 years old and have your parents' permission to use the service.
We reserve the right to terminate any account for non-use of longer than 90 days.
You are solely responsible for all security information relating to your use of the Services, and are fully responsible for all activities that occur under your mobile phone number.
Disclaimer of Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Bank Discrimination Lawsuit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Bank Discrimination Lawsuit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Bank Discrimination Lawsuit AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Bank Discrimination Lawsuit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES.
Indemnification
You agree to defend, indemnify, and hold harmless Bank Discrimination Lawsuit and its affiliates, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services by you or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Services, or (iii) any other activity related to your account (including negligent or wrongful conduct). Bank Discrimination Lawsuit reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with Bank Discrimination Lawsuit and its counsel in the conduct of such defense.
Miscellaneous
No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and you do not have any authority of any kind to bind Bank Discrimination Lawsuit in any respect whatsoever.
Bank Discrimination Lawsuit may transfer, assign or delegate these Terms of Service and the rights and obligations hereunder without your consent.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Services shall be filed only in the federal courts located in the State of California, or state courts located in the county of Santa Clara and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
This Agreement constitutes the entire agreement between you and Bank Discrimination Lawsuit with respect to your use of the Services.
These Terms of Use are effective as of January 31, 2016.
Welcome to Bank Discrimination Lawsuit's website, owned and operated by Bank Discrimination Lawsuit ("Bank Discrimination Lawsuits", "bankdiscriminationlawsuit.com ", "we", "us" and "our"). Please read the following Terms of Use as they, together with all the other Terms and Conditions referred to below, govern your access and use of our Site.
ACCEPTANCE OF THE TERMS OF USE
THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT AND OFFERS PROVIDED ON THE SITE. YOU AGREE TO MANDATORY ARBITRATION AND WAIVER OF THE ABILITY TO BRING A CLAIM IN A CLASS ACTION FORMAT.
IF FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OUR TERMS OF USE, PLEASE IMMEDIATELY STOP USING OR ATTEMPTING TO USE OUR SITE, BECAUSE IF YOU USE OR CONTINUE THE SITE, YOU WILL BE AGREEING TO EVERYTHING IN OUR TERMS OF USE AS A CONDITION OF SUCH USE.
YOU AGREE THAT BY USING OUR SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
When you see the word "use" or "using" in connection with our Site or us in these Terms of Use, it means and refers to any time you, directly or indirectly, with or without a device, attempt to or actually do access, interact, utilize, display, view, browse, visit, print or copy, transmit, receive or exchange data, upload, download, post or otherwise submit any message, posting, material or content or you otherwise communicate, including with another user or anyone else. We will also consider you to be using our Site if you utilize, benefit from, take advantage of or interact with any feature, function, service, activity, promotion or content in, on or available through our Site, for any purpose. Also, when we use the term "including" it means "including, without limitation" or "including, but not limited to" and construed as inclusive and illustrative and not exclusive or limiting.
We may refer to you or any individual that uses our Site as "you" or "your" or a "user." If we use the term "Our Companies," in addition to us, that term means and includes our agents, representatives, subsidiaries, affiliated companies, select unaffiliated companies, assigns, and brands that are owned by, licensed by, and/or partnering with Bank Discrimination Lawsuit.
When we use the term "Site" we mean all website(s) or online solution functionality or services offered through the individual URL or Internet address locations, sites and pages within the bankdiscriminationlawsuit.com domain (including all backups, mirror, replacement and substitutes). Unless otherwise noted, when we use the term "Site," we are including all the content, text, information, images, graphics, postings, files, documents, multimedia materials, software, code, data, logos, brands, service and trademarks, the "look and feel", as well as the selection and arrangement of items, all copyrightable or otherwise legally protectable items and elements and all of the various features, functions and services in, on or associated with our Site and we will use the term "Content" when we refer to them separately. When we use the term "Services" we mean any services provided as an online functionality or feature of the Site.
These Terms of Use include our Privacy Policy and any other terms we disclose or notify you of when you use or attempt to use our Site ("Additional Terms") all of which are incorporated by reference and form a part of our Terms of Use for all purposes. In the event of a conflict, these Terms of Use shall control although the Additional Terms may govern use of particular products, solutions, or services. To make reading and understanding your agreement with us easier, we will use the expression "Terms of Use" to mean and refer to this document, as well as our Privacy Policy and any Additional Terms that apply to you.
By using our Site you are acknowledging you have read, understand and accept as binding, all of the rights and obligations, terms and conditions in our Terms of Use which constitute the legal agreement you have with us. If you do not agree with, cannot comply with or are unwilling to accept our Terms of Use, please discontinue your use of our Site immediately because continued use shall constitute acceptance of these Terms of Use.
WE CAN CHANGE OUR TERMS OF USE AND SITE
We reserve the right, at any time, to add to, delete or modify our Terms of Use, as well as all or any part of our Site in our sole discretion. We will notify you of changes to our Terms of Use by posting the new Terms of Use on this website, or by sending you a notice via e-mail. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. The date at the top of the Site indicates when these Terms of User were last updated. You agree to review these Terms of Use and other online policies posted on our Site periodically to be aware of any revisions.
OUR PRIVACY POLICY
Your privacy is important to us. We have developed a Privacy Policy in order to inform you of how we collect and use information we obtain from you. All information we collect on the Site is subject to our Privacy Policy, and our Privacy Policy is incorporated into and is a part of these Terms of Use.
RULES OF CONDUCT
You agree to use or access the Site or the Service only for lawful purposes and in accordance with these Terms of Use.
You may never use, allow or enable others to use our Site or knowingly condone use of our Site to do or attempt to:
Violate any applicable federal or state laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm, or enterprise;
Engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive, racially or ethically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive;
Impersonate or attempt to impersonate Bank Discrimination Lawsuit, Bank Discrimination Lawsuit's employees, or any other person, firm, or enterprise;
Use the Site for posting or otherwise using malicious or unauthorized code (e.g. viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful material or information which in any way might interrupt, damage, interfere with, destroy, or limit the functionality of any computer software or hardware or communication equipment;
Violate, or attempt to violate any security features of the Site or Service;
Attempt to modify, reverse engineer, decompile, disassemble, or otherwise reduce or attempt to reduce any of the source code that we use in providing the Site or Service to a human-perceivable form;
Collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, or display any material or information, whether personally identifiable or not, submitted, provided, or made available by or concerning any other person, firm, or enterprise;
Advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
Otherwise attempt to interfere with the proper working of the Site.
We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws. Any violation of system or network security may subject you to civil and/or criminal liability.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features and functionality, including, but not limited to all information, text, displays, photographs, graphics, video and audio, and the design, selection and arrangement thereof ("Bank Discrimination Lawsuit Content"), are owned by, licensed by, or provided to Bank Discrimination Lawsuit. The Site is protected by copyright, trademark, trade secret, and other intellectual property or proprietary rights laws, and thus, we own and retain all rights in the Bank Discrimination Lawsuit Content and the Service.
These Terms of Use permit you to use the Site for your own personal, non-commercial use only. Except as otherwise provided in these Terms of Use, you may not reproduce, modify, publish, prepare derivative works, or distribute copies of the Bank Discrimination Lawsuit Content in whole or in part. You acknowledge and agree that if you use any Content in violation of our Terms of Use, any other party's rights, or any laws or regulations, including laws relating to the protection of intellectual property, you may be subject to civil liability, criminal prosecution or both under the laws and regulations of the United States, as well as any other state, national, provincial or other laws, regulations and treaties that may apply.
POSTING AND SUBMITTING USER CONTENT
Our Site may allow you to register, create a profile or account and enable you to submit, provide, furnish, transmit, exchange, communicate and/or display to other users (referred to as Posting") content or materials (collectively, "User Content"). By Posting, you represent that you own or have the right to engage in or submit, display or use the User Content and you specifically agree your User Content shall not violate any law or regulation, our Terms of Use or the rights of others.
We have no obligation, nor do we verify, review for accuracy, completeness or otherwise, any User Content. We also have no obligation to monitor or continue to monitor your use of the Site or your User Content, but we reserve the right to do so and to confirm and request confirmation of any information you submit to us or on our Website, at any time for any reason or no reason at all. We do not endorse User Content, nor do we screen them.
Your User Content and/or your account are your responsibility, although we ask that you notify us if you know or suspect the security of your user identification, log-in and password may have been compromised so that we can take responsive action. But, in general, you are solely responsible for activities undertaken through your registration, profile, user account or login identification or password and you will defend and indemnify us (see the Section entitled "You Indemnify Us") for any User Content submitted, displayed, use, or transferred under the foregoing. In accordance with the foregoing, if you suspect that your log-in identification or password may have been compromised, please notify us immediately at hello@hairrelaxercase.com.
OUR RIGHT TO USER CONTENT
User Content will be considered non-confidential and non-proprietary and may be used by our affiliates, Our Companies, or Bank Discrimination Lawsuit. Content that is yours, remains yours and neither our Terms of Use, nor your use of our Site is intended to deprive you or anyone of any existing rights to Content. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Content to Bank Discrimination Lawsuit or the Site, you are:
Giving us a non-exclusive, irrevocable, unconditional, transferable, perpetual, worldwide, royalty free license and right to use, display, reproduce, perform, adapt, translate, modify, create derivative works from, publish, distribute, disseminate and broadcast the User Content in connection with your use of the Site without additional accounting to you or notifying you in any way; and
Representing and warranting to us you have the right to submit the User Content and grant the rights and license described above.
If anyone else has or may have rights to the User Content you are submitting, it is your responsibility to find out and obtain whatever agreements, licenses and rights you need from them to do so, because if and when you submit Content to us, you will be solely responsible and liable and you will defend and indemnify us (See the Section entitled "You Indemnify Us").
MOBILE SERVICES
The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, "Mobile Services"). Please note that your mobile carrier's normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with our Terms of Use.
COPYRIGHT INFRINGEMENT
On notice, we will act expeditiously to remove Content that infringes the copyright rights of others and we will use reasonable efforts to disable use of our Site by anyone who repeatedly infringes the rights of others. If you believe our Site contains elements that infringe any copyright of yours or anyone else's, please follow the procedures set forth below in our Notice and Procedure for Making Claims of Copyright Infringement.
PRODUCT REDEMPTION
From time to time we may distribute deals, freebies, or samples (collectively, "Offers"). The availability of the Offers may vary based on location and timing. In redeeming an Offer, you further agree to the Bank Discrimination Lawsuit Sample Offer Terms and Conditions, which are incorporated into these Terms of Use.
PROMOTIONS
From time to time we may offer sweepstakes, contests, or other similar promotions ("Promotions"). Promotions vary and may require you to submit information about yourself to us. Each Promotion has its own Terms and Conditions, which govern your participation in the Promotion. You must read and agree to these separate Terms and Conditions before entering into any such Promotion.
THIRD PARTY CONTENT AND LINKS FROM THE SITE
If the Site contains links to other sites and resources provided by third parties, such links are provided for convenience purposes only. This includes links contained in advertisements, banner advertisements, and sponsored links. We have no control over, and no liability for any third party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither we nor our Site has control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
Similarly, from time to time in connection with your use of the Site, you may have access to Content or websites that are owned by third parties ("Third Party Content"). You acknowledge and agree that we make no guarantees about, and assume no responsibility for, the accuracy, currency, content, or quality of Third Party Content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all Third Party Content.
THIRD PARTY MERCHANTS
Bank Discrimination Lawsuit contains many Offers from third party partners and affiliates which may allow you to order, receive, or redeem various products and services by business that are not owned or operated by us. The delivery, guarantee, maintenance, and all other matters concerning your transactions with these businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee any such third party Offers and we are not liable for the accuracy, completeness, or usefulness of such information or the availability of any Offers.
TERM AND TERMINATION
Our Terms of Use will take effect at the moment you click "ACCEPT", register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Bank Discrimination Lawsuit reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and our Terms of Use with you will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate our Terms of Use at any time by ceasing to use the Site, but all applicable provisions of our Terms of Use will survive termination, as identified below, and each re-access or use of the Site will reapply our Terms of Use (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning Bank Discrimination Lawsuit's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of our Terms of Use for any reason.
WE HAVE THE RIGHT TO TERMINATE
We have the right to discontinue, suspend or terminate our Site or your use of the Service and/or our Site at any time, with or without notice to you, and without liability to you, for any reason or no reason whatsoever, including any time we determine, in our sole judgment, you have violated any of the Terms of Use, furnished us with false or misleading information, or interfered with use of the Site or the Service by others. In addition to any other rights and remedies we may have under these Terms of Use, or at law or in equity, we have the right to: (i) refuse to allow you further Posting; (ii) remove or delete Postings; (iii) revoke your right to use our Site; (iv) revoke and terminate your Bank Discrimination Lawsuit account; (v) use any technological, legal, operational or other means available to enforce our Terms of Use, including blocking specific IP addresses or deactivating your registration.
YOU INDEMNIFY US
By using our Site, you agree to defend and hold harmless any or all of Our Companies against any demands, claims or actions arising out of or as a result of your access to or use of the Site, your breach or violation of our Terms of Use, including any breach arising from violations of law and regulation, as well as claims of infringement, misappropriation or violation of the rights of any person or entity ("Claim") and you shall indemnify and hold Our Companies harmless from and against any and all losses, damages, costs and expenses, including attorneys' fees, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase "you will defend and indemnify us" anywhere in our Terms of Use, it means and refers to the foregoing provisions of this section of our Terms of Use.
DISCLAIMERS AND LIMITATION OF LIABILITY
OUR SITE IS MADE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE THAT ALL OR ANY PART OF OUR SITE WILL BE AVAILABLE FOR USE, PERFORM AS DESCRIBED OR THAT OUR SITE IS ACCURATE, TIMELY, COMPLETE OR ERROR FREE AND YOU SHOULD NOT RELY ON OUR SITE FOR ANY DECISIONS OR ACTIONS YOU MAY OR MAY NOT CHOOSE TO MAKE OR TAKE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, EVEN IF DUE TO MALICIOUS OR UNAUTHORIZED CODE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE MECHANISMS TO PROTECT AND SECURE YOUR EQUIPMENT, PROGRAMS AND INFORMATION BECAUSE YOU, NOT US, ARE ASSUMING ALL RISK OF LOSS OR DAMAGE THAT MAY ARISE OR BE ASSOCIATED WITH USE OF OUR WEBSITE.
OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR LOSS, DAMAGE, COST AND/OR EXPENSE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES) IN CONNECTION WITH OR ARISING FROM USE OF OUR SITE OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE TO YOU.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES OR LIMITATIONS ON CERTAIN DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, IF ANY LIMITATION OR EXCLUSION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS AND EXCLUSIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100).
GOVERNING LAW
Our Terms of Use and your use of our Site shall be construed, governed by and enforced under the substantive laws of the State of California applicable to parties resident in and contracts made, executed and wholly performed within the State of California. You submit to the jurisdiction of the State and Federal courts situated in San Diego County, California, USA in all disputes arising out of or related to the use of the Site or Service and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms of Use.
YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY IN CONNECTION WITH ANY ACTION OR PROCEEDING ARISING UNDER OUR TERMS OF USE OR YOUR USE OF OUR WEBSITE.
INJUNCTIVE RELIEF
You acknowledge that any breach, threatened or actual, of our Terms of Use, including, without limitation, with respect to unauthorized use of Bank Discrimination Lawsuit proprietary assets, will cause irreparable injury to Bank Discrimination Lawsuit, such injury would not be quantifiable in monetary damages, andBank Discrimination Lawsuit would not have an adequate remedy at law. You therefore agree that Bank Discrimination Lawsuit shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of our Terms of Use. Accordingly, you hereby waive any requirement that Bank Discrimination Lawsuit post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Bank Discrimination Lawsuit to enforce any provision of our Terms of Use.
ARBITRATION AND CLASS ACTION WAIVER
You agree to first contact us at hello@hairrelaxercase.com for any dispute or controversy so as to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Site or Service that cannot be resolved through such informal process or through negotiation within 120 days shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered may be entered in any court having jurisdiction thereof. The arbitration will be conducted in the English language in the city of San Diego, California by a single neutral arbitrator.
You agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. If for any reason this arbitration clause is unenforceable or inapplicable, both you and we agree, to the extent permissible by law, to waive any right to pursue any claims on a class action basis. If any portion of this class action waiver is limited, void, or unenforceable, then our agreement to arbitrate under this section will not apply and any controversy or claim must be brought exclusively in the state and federal courts in San Diego, California.
MISCELLANEOUS
The Terms of Use constitute the entire agreement you have with us regarding the subject matter and supersedes any and all prior and/or inconsistent understandings. Our Terms of Use cannot be modified except as set described herein or in a written amendment signed by an authorized representative of ours. No electronic or digital communication of any kind is to be construed as a 'writing' for purposes of amending or modifying our Terms of Use or the rights and obligations of the parties hereunder. The illegality, unenforceability or invalidity of any provision is severable and shall not affect or impair the rest of our Terms of Use. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings are purely for reference and shall not affect meaning. Any provision which must survive any termination of your agreement with us in order to allow us to enforce its meaning shall survive. You may not make or initiate any demand, claim or action against us or any of Our Companies, regardless of form or the basis of the claim, more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
If we believe, have reason to believe or are notified of anything which could compromise or endanger the health or safety of any person, could cause damage (tangible or intangible), could adversely affect, infringe upon or misappropriate anyone else' rights, harasses or interferes with any other user, interferes with or bypasses security or other protective measures violates any law or regulation or these Terms of Use, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under our agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
NO LICENSE
Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.
THIS SITE IS FOR UNITED STATES USE ONLY
We control and operate the Site from our offices in the State of California. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use outside the United States and access to the Site from territories where its contents are illegal or restricted is prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws, rules and regulations.
FEEDBACK AND SUBMISSIONS
Bank Discrimination Lawsuit welcomes your feedback and suggestions about Bank Discrimination Lawsuit's programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Bank Discrimination Lawsuit, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Bank Discrimination Lawsuit and enable Bank Discrimination Lawsuit to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Bank Discrimination Lawsuit to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Bank Discrimination Lawsuit has adopted the following procedure regarding copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), the text of which is located at http://www.copyright.gov/legislation/dmca.pdf.
THE FOLLOWING INFORMATION IS SOLELY FOR NOTIFYING US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
If you believe that your copyrighted work has been used or displayed on our website in a way that constitutes copyright infringement, please report the alleged infringements by completing the following steps and by notifying Bank Discrimination Lawsuit's Designated Agent, as listed below. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should be sent ONLY to our Designated Agent. Bank Discrimination Lawsuit will respond expeditiously to any claims of copyright infringement that are properly reported.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): Bank Discrimination Lawsuit
Full Address of Designated Agent to Which Notification Should Be Sent: 1530 Faraday Ave, Suite 200 Carlsbad, CA 92008. Email Address of Designated Agent: hello@hairrelaxercase.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
(2) Identification of the copyrighted work (or works) that you claim has been infringed;
(3) A description and identification of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
(4) A clear description of where the infringing material is located on our Website, including as applicable its URL, so that we can locate the material;
(5) Your contact information, including your name, address, telephone number, and e-mail address;
(6) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(7) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
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