Terms and Conditions

Hair and Scalp 360, LLC and ROgHA Hair System® Terms and Conditions

Last updated:  June 16, 2020. 

 

Hair and Scalp 360, LLC and ROgHA Hair System (“we”, “us “or “our”) are pleased to offer you access to our website where you are able to learn valuable, non-medical information, purchase and review our products and also participate in our educational events. All of our functionalities, including all content within our website will be identified and referred to herein as the “Services” and may be modified on occasion, from time to time at our sole discretion.

When accessing our website, you agree to have read, understood and to be bound by these Terms and Conditions (the “Agreement”), which may change at any time. All changes that are made will be effective immediately when we post them. Your continued use of the Services constitutes your agreement to all such changes.

PLEASE READ THIS AGREEMENT THOROUGHLY AND CHECK THESE TERMS OF CONDITIONS PERIODICALLY FOR CHANGES. WE WILL ALERT YOU OF ANY CHANGES BY UPDATING THE LAST UPDATED DATE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICES. CONTINUING USE OF THE SITE AND SERVICES, ACKNOWLEDGES YOUR ACCEPTANCE IN THE TERMS OF CONDITIONS INCLUDING ANY AND ALL REVISIONS.

  1. Conditions on Using the Services:

a) Basic Terms. We may, at our sole discretion, refuse Services to any person or entity. We may, without notice and at our sole discretion, terminate your right to use the Services, or any portion thereof. We reserve the right to block or prevent your future access to and use of the Services or any portion thereof. We reserve all rights to withdraw or amend the website, and any service we provide on the website, in our sole and absolute discretion without notice. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or the complete website, to all users, including users that have registered accounts.

b) Your Registered Account: A registered account with us is required in order to fully use certain aspects of the Services, including but not limited to product purchases and setting up auto-delivery including event registration per specific event requirements. You agree to submit only true, accurate, current and complete information in connection with the creation of your account. You agree to maintain and update your information as necessary so it remains accurate and current. You may not transfer your account to any other person(s) or entity. You are responsible for keeping your registered account login information including, but not limited to, passwords, and activities confidential. You should always use caution when accessing your account from a public or shared computer so that others are not able to view or record your password including other personal information. Once your registered account has become active, you agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or other breach of security on the website and or the Services. We reserve the right to remove and or cancel your registered account at any time, at our sole and absolute discretion. You agree and understand that a registered account is to be used solely for personal use and any unauthorized use is prohibited, such as resale of products or misrepresentation of any and all Services.

c) Privacy Policy. Our Privacy Policy, which describes how we may collect and use your information, may be viewed at here and is incorporated into and considered as part of this Agreement. By visiting the website and using the Services, you agree that your information may be collected and used in accordance with our Privacy Policy and this Agreement.

d) Minors. This site and Services are intended for users who are at least 18 years of age. Anyone under the age of 18 are not permitted to the use of Services. If you are under the age of 18, you must obtain permission from and be supervised by a parent or guardian to use the site. If under the age of 18, you must have your parent or guardian read and agree to these Terms and Conditions.  We do not knowingly collect or solicit personally identifiable information from anyone under the age of 13 or knowingly allow such persons to use the site or the Services. If you are under 13, please do not attempt to register on the site or for the Services or send us any personally identifiable information.

e) Shipping and Purchases. When purchasing through the site, you will be asked to submit specific information applicable to your purchase, including, without limitation, payment information, shipping information and including all other necessary information. All information submitted will be treated as set forth in our Privacy Policy. All information that you provide to us or our third-party payment processor must be current, accurate and complete.

YOU REPRESENT AND ACKNOWLEDGE THAT YOU HAVE THE LEGAL RIGHTS TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY AND ALL TRANSACTIONS. You agree and understand your responsibility to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You agree and understand the responsibility of paying any and all applicable taxes relating to your purchases. Verification of information applicable to your purchase may be required prior to our acceptance of any order. We reserve all rights to change our pricing at any time and without prior notice.

For More information about Orders, Refunds and Shipping. Visit click here.

  1. Promotions / Discounts:All promotions and discounts offered on our website are governed and enforced by the rules set forth and specific to that promotion and or discount. When taking part in a promotion or discount, you will be subject to the specific requirements and guidelines of that individual promotion or discount. You must read and agree to all requirements and guidelines that are linked to each and all promotions or discounts before participating in and taking use of. This applies to all promotions and discounts offered through the website, across social media and including promotions and discounts offered during all educational events. ALL PROMOTIONS AND DISCOUNTS MUST BE VALID AND APPROVED AUTHENTIC FOR USE FROM US. NO OTHER PROMOTIONS OR DISCOUNTS WILL BE ACCEPTED. NO EXCEPTIONS.
  1. Content and Ownership:

a) Ownership:  When visiting our site and using our Services you will encounter our content such as information, data, images, text, video, audio, graphics, logos including other material made available through our Services is protected by copyright, trademark and all laws of the United States. This material is collectively proprietary material. You may not, and agree that you will not, use, publish, reproduce, reverse engineer, disassemble, distribute, copy transmit or modify the proprietary material or any portion thereof, for any purpose or by any means or process now know or later developed. Modification of all materials appearing on the site for any other purpose is a violation of our copyright and other proprietary rights.

b) User Content: If you choose to submit text, photographs, reviews including other such material to us, this will be considered user content. Once this information has been received by us it will be deemed non-proprietary and non-confidential and may be used by us, our affiliates or others without restriction. We, including our affiliates may use or transfer, remove or dispose of any and all user content without restriction. By submitting user content to us through the website, email, text or social media you agree that we may use your user content and be granted a non-exclusive, worldwide, transferable right to publish and share all user content for all media, advertising and promoting purposes. You approve and consent to granting to us the right to use your first name and last initial, and/or your online username, in connection with any User Content or User Suggestions you submit, you waive all personal rights related to that use, including the rights of privacy and publicity. User Content will be subject to no obligation of confidence on our part. We will not be liable for any use or disclosure thereof. You acknowledge that third parties may gain access to User Content, we shall in no event be liable to you for any use or misuse of the User Content by any third party. We reserve all rights to monitor and remove any and all user content from our website, social media including all other platforms, in whole or in part, without prior notice, for any reason or for no reason at all.

c) We reserve the right to disclose your identity including all information about you to any third party who claims that material posted by you violates their rights, including and not limited to their intellectual property rights, their privacy and the right to take necessary legal action, without limitation, referral to law enforcement and for any illegal or unauthorized use of the website.

d) We reserve the right to fully cooperate with any law enforcement authorities or court, requesting or directing us to disclose the identity or information of anyone posting material on or throughout our website.

  1. Use and Restrictions

a) All visitors of our Services understand, acknowledge and agree that they will not use the website or social media platforms for use of, promoting illegal activity or assisting in any unlawful acts, violate any and all legal rights that could give civil or criminal liability under applicable laws or regulations.

b) All visitors of our Services understand, acknowledges and agrees that they will not post, share or reference to any obscene, offensive, threatening, harassing, hate-related, harmful, racist, illegal or otherwise objectionable content or material.

c) All visitors of our Services understand, acknowledge and agree that they will not post, share or reference information about others unless they obtain consent by that person(s).

d) All visitors of our Services understand, acknowledge and agree that they will not post, share or reference any advertising, promotions or solicited information personally or commercially

e) All visitors of our Services understand, acknowledge and agrees that they will not post, share or transmit junk mail, spam, chain letters including any and all other solicitations.

f) All visitors of our Services understand, acknowledge and agree that they will not copy, transfer, upload, distribute, publish or republish any material on our website for any other unauthorized purpose without our written approval.

g) All visitors of our Services understand, acknowledge and agree that they will not change, alter, remove or claim ownership of any and all materials that they have been given a written consent to copy, download, share or print.

h) All visitors of our Services understand, acknowledge and agree that they will not use software and or a device that interferes with the proper functioning of our website including any pathways that could introduce a virus or material found to be malicious or technologically harmful.

i) All visitors of our Services understand, acknowledge and agree that they will not interfere, damage, disrupt or attempt to gain unauthorized access to any parts of the website, server, computer or database that is connected to the website.

  1. Website Sharing:All users and visitors of our website may link or share our website through social media platforms that you own and control including personal emails provided that you do so in a way that does not damage, take advantage of or express in any way that you are in any way associated, approved or endorsed by use. All linking and sharing of our website is for personal and non-commercial use. (ALL COMMERCIAL ACCOUNTS, PLEASE SEE YOUR PRODUCT AGREEMENT DISCLOSURE FOR MORE DETAILS.) We may withdraw and or disable all or any social media links and features at any time and without notice in our discretion.
  1. Warranty Disclaimers, Limitations of Liability, Indemnity
DISCLAIMER OF WARRANTIES. HAIR AND SCALP 360, LLC AND ROGHA HAIR SYSTEM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE USE OF ITS SERVICES OR CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.HAIR AND SCALP 360, LLC AND ROGHA HAIR SYSTEM EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ( I ) ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; (ii) THAT THE SERVICES, WEBSITE AND OUR CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS; (iii) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES, WEBSITE OR OUR CONTENT; AND (iv) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES, WEBSITE OR OUR CONTENT. No advice or information obtained by you from us, or otherwise through the Services, will create any warranty not expressly stated herein.

LIMITATION OF LIABILITY. WE AND OUR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, OUR CONTENT, PRODUCTS, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY. You agree to indemnify and hold us  and our affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with this Agreement; (ii) your breach of your obligations under this Agreement; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; (iv) your violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right; and/or (v) any claim that any of your User Content or User Suggestions caused damage to a third party.

If the user is a client, such information is not a substitute for advice from a doctor or other qualified healthcare provider and the user should seek qualified medical advice outside of consulting with a Certified Trichologist as necessary. Private consultations, educational events including all information within our website should not be interpreted as a medical diagnosis, prognosis, treatment or action, required or related to the user’s health and wellbeing or the health and wellbeing of others. If the user is a doctor or health care provider, any information or material contained on the website should not be used for the user’s own professional opinion or judgement. HAIR AND SCALP 360, LLC AND ROGHA HAIR SYSTEM shall not be liable for any damages, including, but not limited to, direct, incidental, consequential, indirect, exemplary, special (including lost profits) or punitive or other damages relating to a user’s use of the Website.

  1. Consent and Communication: When using, visiting or creating an account to utilize any or all of our “Services” you agree and consent to receive communications from us electronically through our website, by email and including across social media platforms. You acknowledge and understand that we do not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. We reserve the right to block or remove communications or materials at its sole discretion at any time.
  1. Information / Education Disclosure: All information and “Services” shared, posted, including our blog and social media platforms are to be recognized and acknowledged as non-medical informational use only. We at no extent claim to cure, treat or prevent any diseases or conditions.
  1. Misprint/Typographical Error:In the event that our product, service or event has been mistakenly listed at an incorrect price or location, we reserve the right to correct the inaccurate price or location immediately upon acknowledgement and will contact all parties impacted by the mistaken typo.
  1. The information on this website is intended for access and use by resident of the United States of America only. This website shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. If any term or condition of this Terms and Conditions or the application thereof is held invalid, the invalidity shall not affect other provisions or applications of this Terms and Conditions that can be given effect without the invalid provisions or application. To this end the provisions of this Terms and Conditions are declared to be severable. This is the entire agreement between the user and us relating to the subject matter herein.

The effective date of these Terms and Conditions is June 16, 2020. 

Copyright 2020 © Hair and Scalp 360, LLC, 225 Stedman Street, Suite 36, Lowell, MA 01851. All rights reserved.   ROgHA Hair System® is a registered trademark of Hair and Scalp 360, LLC. All other trademarks are the property of their respectful owners.