Terms of Use

I. INTRODUCTION

This website, www.xmondohair.com, its sub-domains, and all feeds, materials, and/or services provided therein (individually and collectively, the “Site”) are published and maintained by X Mondo Hair LLC (“Company”). Please read the following terms of use (the “Terms”) fully and carefully before accessing, displaying, or using the Site or purchasing Company’s products sold on the Site (“Products”). These Terms constitute a legally binding agreement and exclusively governs the use of the Site by users (“you”, “your”) and such other materials referred to herein. By accessing or using the Site, creating an Account (as defined below), purchasing Products, or taking a similar action to signify your affirmative acceptance of these Terms, you unconditionally accept and agree to be bound by the Terms. If you do not agree to these Terms, please do not use the Site and Products and you are not granted permission to enter into, view, or otherwise use the Site for any purpose.

The Terms are effective of and were last updated on March 30, 2022. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on the Site. You are encouraged to frequently visit the Site, specifically at https://xmondohair.com/pages/terms-of-use, to review the current Terms. Your continued use of the Site following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: support@xmondohair.com.

By using the Site, you affirm you are over the age of 13 years old. While some Content (as defined below) on the Site may appeal to children, no part of the Site is directed to or targets children younger than 13 years of age, and children younger than 13 years old are not permitted to use the Site. Company strongly urges all parents and legal guardians to monitor the Internet use of their children. Parents should be aware that there are parental control tools available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If Company learns that Company has collected Personal Data (as defined below) of a child younger than 13 years old, Company will take steps to delete such information from Company’s files as soon as commercially reasonably possible. Please direct any inquiries related to the following to support@xmondohair.com.

If you are under 18 years of age, you are required to receive parental consent to use the Site at all times. In such an event, your parent or legal guardian is responsible for any and all activity you engage in on the Site at all times and is considered the ‘user’ of the Site under these Terms. Company may refuse to offer the Site and/or Products to any third-party and change any eligibility criteria at any time without notice in Company’s sole discretion.

II. INTELLECTUAL PROPERTY

As between you and Company, all right, title, and interest in and to the Site and its contents, including, without limitation, all content, graphics, images, materials, text, and videos, along with the selection, coordination, arrangement, and organization of the Site (individually and collectively, “Content”) is owned entirely by Company, or Company’s affiliates, subsidiaries, parents, successors, assigns, licensors, and partners (individually and collectively, “Company Parties”), as applicable, and protected under domestic and international copyright and other similar intellectual property laws.

Subject to your full compliance with the Terms, Company grants you permission to access and use the Site for its intended purpose of sharing information concerning the Products and other functions related to Company’s business. You shall not copy, capture, reproduce, remove, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, distribute, or exploit, in whole or in part, any Content unless otherwise explicitly permitted by these Terms, under Company’s direction or instruction, or as permitted by law. Without limiting the foregoing, you may not reproduce any Content or create copies of Content via any means, including, without limitation, by reproducing on any physical or digital media. Any unauthorized activities that infringe upon the intellectual property rights of Company or the Company Parties are expressly prohibited and all rights in and to the Content are expressly reserved. Nothing contained in the Terms should be construed as granting, by implication or otherwise, any license or right to use any Content without the express written permission of Company or the Company Parties beyond the rights to access, use, and/or view the Site as expressly contemplated herein. For the avoidance of doubt, any unauthorized use of the Content, except as explicitly authorized by these Terms, is strictly prohibited and may subject you to civil liability under copyright, trademark, publicity, or privacy, laws and other civil and criminal statutes, rules, or regulations.

Company’s name, logo(s), and overall brand, including, without limitation, the trademarks and service marks for XMondo®, XMondo Color™, BDSM®, Club Kid®, Electric Rain®, Electrified™, Forcefield®, Glitterati™, Hydraglow™, Hydromania®, Hyperfuse™, Prismatic Glow®, Polychrome™, Project X®, Punk Rock™, Recalibrate™, Redose™, Salty™, Supernova™, Wavetech™, and Viper®, are protected under various domestic and international trademark laws. Additionally, you may not use other trademarks, logos, and service mark(s) of the Company Parties that may be found on the Site without such party’s prior written permission.

 

III. CONTENT

Company may add, change, discontinue, remove, or suspend the Site, or any Content embodied thereon, at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Site at any time for any reason whatsoever and to block, moderate, or remove Content at any time in Company’s sole discretion. For instance, Company will endeavor to remove Content that is illegal, obscene, threatening, insulting, defamatory, or invasive of privacy.

The Site may contain links or embedded material to third party content, as well as built-in dashboards to third party services, including, without limitation, the Site’s storefront (presently Shopify) and other websites, social channels, and platforms, and third-party videos, for the convenience of visitors, advertising purposes, or for other related functions related to Company’s business, which Company may have not reviewed. Company linking, embedding, or otherwise using such third-party content and services does not imply an advertisement or endorsement of any good, service, product, or otherwise, provided by such third party. Company is not responsible for any third-party content linked or embedded to or from the Site and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any information found on any third-party website, social channel, or platform, or the quality of products of services provided by or advertised on such third-party website, social channel, or platform. Your use of any third-party content is at your own risk, and subject to the terms and conditions of such third-party’s website, social channel, platform, service, applications, product, or service. Company encourages you to review the terms and conditions and privacy policy of any third-party website, social channel, platform, service, or application that you visit and be aware that a third-party website, social channel, platform, service, or applications may collect your personal information and Company is not able to control any third party’s use of such technologies or how any third party manages the information gathered from such technologies. For more information, please see Company’s privacy policy found at https://xmondohair.com/pages/privacy-policy.

 

IV. ACCOUNTS

To use certain features of the Site, you may be required to register for an account (“Account”). You may register for an Account directly on the Site or by logging in to a permitted social media account (such as authenticating via Facebook). The registration/login pages on the Site will inform you as to which social media accounts may be used to create an Account and login to the Site with. Company reserves the right to amend which social media accounts can be used to access the Site at any time. You agree that all information that you submit during the Account signup process, or additional information you submit to your Account profile at any time thereafter, shall be accurate and truthful, and you agree to keep it up to date. Please review Company’s privacy provisions contained herein, including Company’s privacy policy found at https://xmondohair.com/pages/privacy-policy, to learn more about the information Company collects during the Account sign-up or authentication process.

You acknowledge that your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your Account. If you know or suspect that anyone other than you knows your password, you must promptly notify Company at support@xmondohair.com. You are solely responsible for ensuring that all persons who access the Site via your Account are familiar with these Terms and that they will comply with them.

You may never use another person’s Account without permission. You must notify Company immediately at support@xmondohair.com in the case of any breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

You understand and acknowledge that Company is not meant to be, and does not accept the responsibility to act as, your data repository of record. You should retain copies and records of any materials uploaded to your Account or the Site.

You have the ability to delete your Account, either directly through the Site or through a written request made to support@xmondohair.com. You understand that upon deletion of your Account, you may lose the right to access or use all or part of the Site or make purchases of Products. Please see our privacy policy for additional information: available at https://xmondohair.com/pages/privacy-policy.

Company reserve the right to disable, suspend, or terminate your Account, at any time, for any reason in Company’s sole discretion, including, without limitation, if you fail to comply with any provision of these Terms.

 

V. SUBMISSIONS

Company welcomes your interaction on the Site, and you may be able to submit materials to Company regarding the same. By submitting any user generated content, comment, feedback, materials, pictures, videos, reviews, or other submissions (together, a “Submission”) through the Site or otherwise, such as emailing Company about the Site, uploading content to Company’s “Submit Your Look” section, posting materials on Company’s social media pages (such as Instagram, Twitter, or Facebook), or using Company related hashtags (such as #xmondo and other hashtags or words which may contain a trademark, service mark, or logo of Company), you expressly grant, and you represent and warrant that you have a right to grant, to Company an irrevocable, royalty-free, sub-licensable, transferrable, and worldwide right and license in perpetuity to use the Submission and your name, voice, and/or likeness as contained in your Submission, if applicable, in whole or in part for any purpose, without any obligation or liability to you whatsoever, including, without limitation, the right to adapt, display, distribute, edit, exhibit, exploit, modify, publicly perform, publish, and create derivative works, of the Submission in all media in any form, whether now known or hereafter developed, including, without limitation, displaying the Submission on the Site, Company’s owned and operated social media pages, and as part of Company’s advertising materials, with no notice to you and without owing any compensation or consideration to you. The Company is under no obligation to use the information submitted. Any Submission you post to the Site will be considered non-confidential and non-proprietary. If you wish to keep a Submission private or proprietary, please do not transmit any Submission to Company or share any Submission with others.

We are not responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other user of the Site. We have the right to (i) remove or refuse to post any Submission for any or no reason in our sole discretion, (ii) take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company, and (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We also reserve the right to block users. 

We do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. We do not control and are not responsible for any third party use, display, or repost of your Submission. 

You understand and acknowledge that you are responsible for any Submission you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submissions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act;
• Cause annoyance, or be likely to upset, embarrass, alarm, or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

V!. PRODUCTS, ORDERS, AND RETURNS

Company’s Products are offered for sale as available, and once they are sold out, they may be sold out! Products may be available for a one-time purchase or Company may offer you the option to subscribe to our auto replenishment subscription plan (“Auto Replenishment”).

Company may offer or terminate your Auto Replenishment subscription at any time and for any reason. You may be required to create an account on the Site to subscribe to Auto Replenishment. All orders through the Site, whether as a one-time purchase or as part of your Auto Replenishment, must be accepted by Company or Company will not be obligated to sell the Products to you. Company may choose not to accept orders in Company’s sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. Company may impose at any time quantity limits on any order, or reject all or part of an order, without prior notice. Once your order is submitted, it cannot be canceled, changed or modified. Company may change, discontinue, or remove Products at any time, without notice to you and without any liability. Company may offer (or terminate) from time to time promotions on the Site in Company’s sole discretion. Any promotions, discount codes, and offers offered by Company may not be combined. Products are currently only available for sale to purchasers in the United States.

Upon submitting your payment information to Company and approving of a purchase of Product on applicable pages on the Site, you authorize Company (and Company’s Payment Providers, as defined on Company’s privacy policy) to charge your debit card, credit card, or other payment method (such as Paypal) for the total amount of each of your purchase(s) (including any required taxes and charges). If your payment method cannot be verified, is invalid, or is otherwise not acceptable or accepted, your order or Auto Replenishment plan may be suspended or cancelled. It is solely your responsibility to resolve any problem regarding your payment method. Unless otherwise indicated on a Product page, all prices are shown in U.S. dollars and applicable taxes and other charges are additional. Company reserves the right to adjust prices for Products and services and offer and cancel any promotions, discount codes, or offers as Company determines at any time, without notice, in Company’s sole discretion. Company will collect applicable sales tax on Products shipped to jurisdictions for which Company believes Company has a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted to comply with applicable tax laws. Additionally, and notwithstanding anything to the contrary contained herein, international shipments may be subject to additional import duties, taxes and/or customs fees. These fees are your responsibility and are not included in the shipping prices applied at checkout process, unless otherwise specified at checkout.

Products may be shipped directly from Company or via a third-party fulfillment service provider (such as Ship Hero). Unless otherwise agreed to by Company, which will be indicated during the payment checkout process, you agree to pay for any shipping and handling charges shown at the time you make a purchase. Company reserves the right to increase, decrease, add or eliminate shipping and handling charges at any time without notice. Any shipping times shown on the Site are estimates only. Actual delivery dates will vary and delivery by an estimated date is not guaranteed. Title to and the risk of loss of in regards to shipping passes to you upon Company (or its venders) delivery of the Product to a common carrier (such as FedEx, UPS, USPS, or DHL). Please check all shipping addresses carefully, as Company shall not be liable for incorrect addresses or stolen packages and will not offer refunds for any returned Products. If your package is lost or stolen, please reach out to us at support@xmondohair.com within 15 days of the expected delivery date. Lost or stolen packages must be reported within 15 days of the expected delivery date.

Except for any Products designated on the Site as final sale or non-returnable, Company will accept a return of unopened or lightly used hair products and clothing that is unworn and unwashed for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within thirty (30) days from the original purchase date, with valid proof of purchase. Company does not offer returns, in any manner or situation, for gift cards. If you received an item damaged in shipping, Company will accept the return if received within thirty (30) days from the original purchase date. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. It is strongly recommended that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. Please contact support@xmondohair.com to initiate a return and for more information on how to return a defective item. Notwithstanding anything to the contrary herein, Company reserves the right to refuse any return or refund.

You are not permitted to resell, export, or otherwise exploit Company’s Products in any manner, for any reason, without Company’s prior written notice in each instance.

Additional information can be found on Company’s Help PAGE: https://help.xmondohair.com/en-US.

 

VII. PERSONAL DATA AND PRIVACY

Company’s privacy policy, a copy of which is available at https://xmondohair.com/pages/privacy-policy, is incorporated into these Terms by reference. The Privacy Policy sets out, among other things, the terms on which Company processes any Personal Data (as defined in the Privacy Policy) Company collects from you, or that you provide to Company, all of the foregoing which may be transferred to, stored, and/or processed in the United States.

 

VIII. NEWSLETTERS/MAILING LIST

You will be given the option of providing Company with Personal Data in order to receive recurring informational or promotional newsletters via email from Company and the Company Parties (“Newsletters”). When you sign up for Newsletters, or at any time you use the Site thereafter, you can choose to opt out of receiving additional Newsletters. You can unsubscribe from a Newsletter by following the directions included in the Newsletter. Company will take commercially reasonable steps to implement your opt-out and unsubscribe requests promptly, but you may still receive communications from Company for a brief amount of time as Company processes your request. Please see Company’s privacy policy for additional information: available at https://xmondohair.com/pages/privacy-policy.

 

IX. COMMITMENT TO DATA SECURITY

As further set forth in our privacy policy, available at https://xmondohair.com/pages/privacy-policy, Company is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Company deems suitable. Notwithstanding the foregoing, no electronic transmission of information to Company can be guaranteed to be 100% safe and Company cannot and does not ensure or warrant the security of any information you transmit to Company. Nonetheless, Company believes the measures Company has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Company is done at your own peril.

 

X. REPRESENTATIONS AND WARRANTIES

You accept and agree to abide by all of the Terms contained herein and you represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all of the Terms. You acknowledge that you are at least 13 years of age and if under 18 years of age, you have, and will have at all times, have your parent or legal guardian’s consent in regards to your access and use of the Site.

You agree that your use of the Site, including, without limitation, uploading or posting any Submission to the Site (or associated social media channels and platforms), will not violate any law or regulation, including, without limitation, copyright, trademark, patent, trade secret, publicity, and privacy laws, or interfere with any third party’s use and enjoyment of the Site. You warrant and represent that you have all necessary licenses, rights, consents, and permissions to Submissions. It is strictly prohibited to post or transmit, directly or indirectly, any unlawful, threatening, defamatory, obscene, or infringing material or impersonate any persons while using the Site, whether directly or indirectly.

You represent, warrant, and agree that you will not, via the Site or otherwise: cause damage to the Site or impair the availability or accessibility of the Site in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Site to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users’, computer software, hardware or telecommunications equipment; upload, post, host, transmit any code or materials of a destructive nature, including, without limitation, worms, or viruses, via any method of communication, including, without limitation, via Submissions, unsolicited emails, “spam” messages; contact any other visitor or user of the Site for any illicit purpose or who has requested not to be contacted; access the Site through unpermitted automated means; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Site or any goods or services provided by Company or the Company Parties.

You acknowledge and agree that some Content is subject to restrictions imposed by the Company Parties and these Content providers may require additional terms and conditions for the use, access, or viewing, of such content, such as YouTube and Instagram content embedded on the Site. You agree that your use of the Site shall be subject to all of these additional terms and conditions. You agree to not remove any copyright, trademark, or other legal notices that accompany any Content accessible via the Site. In certain cases, available Content may become unavailable due to restrictions from such third parties. Company will have no liability to you for any such unavailability.

You represent and warrant that you will not upload payment information to your Account and/or use any debit card, credit card, or other form of payment on the Site, unless you have all necessary authorizations to do so.

Company may, from time to time, use various technologies to verify your compliance with the Terms and you consent to Company using any monitoring or other technology associated with monitoring your access to the Site.

You represent and warrant that you will only use the Products for their intended purpose and that you are purchasing the Products for your own personal, non-commercial use and not for redistribution, resale, or transfer of any kind except as expressly authorized by Company.

You acknowledge that you may not use the Site in any other way not expressly stated herein or approved by Company in writing. Company explicitly reserves all rights not specifically contemplated herein that relate to the Site.

 

XI. DISCLAIMER

THIS SITE AND ALL PRODUCTS OFFERED AND SOLD BY COMPANY ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE AND ALL PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHILE USING THE SITE AND PRODUCTS. IN ACCORDANCE WITH THE FOREGOING, COMPANY, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE OF TRADE, OR OTHERWISE IN CONNECTION WITH THE SITE AND PRODUCTS, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND COMPANY EXPLICITLY DOES NOT WARRANT THAT THE SITE, PRODUCTS, OR ANY CONTENT WILL MEET YOUR REQUIREMENTS. ALL INFORMATION PROVIDED HEREUNDER IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE ADVICE, DIAGNOSIS, OR TREATMENT OF ANY HEALTH-RELATED CONDITION.

Company does not monitor all Content found on the Site or the content of any websites or mobile applications linked to the Site for offensive, indecent, objectionable, obscene, or unlawful Content and is not liable to you for any offensive, indecent, objectionable, obscene, or unlawful Content. You acknowledge that through Company providing you with access to the Site, Company is not undertaking any obligation or liability relating to the Content. Company makes no guarantee that your use of the Site, and all other features or functionalities associated with the Site, or delivery or display of the Site, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions, and that Company is not liable to you for any such defect. You understand that the Site may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Without limiting the foregoing, occasionally there may be information on the Site that contains errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, and Product shipping charges and schedules. Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information within the Site is inaccurate at any time without prior notice (including after you have submitted an order). Company undertakes no obligation to update, amend or clarify information in the Site, including without limitation, pricing information, except as required by law, and Company reserves the right in Company’s sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site (or any features or parts thereof). No specified update or refresh date applied in the Site should be taken to indicate that all information in the Site has been modified or updated. To the fullest extent permitted by law, Company shall under no circumstance whatsoever have any liability to you for any personal injury, property loss or damage, of any nature whatsoever, resulting from your access to and use of inaccurate information provided on the Site or any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. Regardless, Company strives to provide accurate descriptions of all materials available on the Site and every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any inaccuracies or discrepancies, please contact Company at support@xmondohair.com.

 

XII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, THE COMPANY PARTIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, STOCKHOLDERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, PERSONNEL, SUCCESSORS, ASSIGNS, AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”)  SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR OTHER DAMAGES WHICH ARE IN ANY WAY RELATED TO YOUR USE OF THE SITE AND PRODUCTS, REGARDLESS OF LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, WARRANTY, OR STRICT LIABILITY), WHETHER OR NOT THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY, FORESEEABILITY, OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSES. WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY EXPLICITLY INCLUDES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DAMAGES YOU MAY INCUR FROM USING THE PRODUCTS OR WATCHING ANY VIDEO FOUND ON THE SITE. IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIM FOR LOSSES OR INJURIES RESULTING FROM EVENTS BEYOND ITS CONTROL INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: ACTS OF GOD, ACTS OF PUBLIC AUTHORITIES ACTING WITH ACTUAL OR APPARENT AUTHORITY, CRIMINAL ACTS OF THIRD PARTIES, THE APPLICATION OF SECURITY OR HEALTH-RELATED REGULATIONS IMPOSED BY ANY GOVERNMENT, WORK STOPPAGES OR OTHER LABOR DISPUTES, WAR, MILITARY ACTIONS OR POLICE ACTIONS, ACTS OF TERRORISM, CIVIL COMMOTIONS, OR DISRUPTIONS IN AIR OR GROUND TRANSPORTATION NETWORKS, SUCH AS WEATHER PHENOMENA AND NATURAL DISASTERS.

WITHOUT LIMITATION AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY CLAIMS OR DAMAGES THAT YOU MAY OR ACTUALLY HAVE AGAINST THE INDEMNIFIED PARTIES IN CONNECTION WITH THE SITE AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, ACCESS TO THE SITE, ANY CLAIMS IN CONNECTION WITH USE OF THE SITE (SUCH AS DEFECTS, ERRORS, OMISSIONS, OR MISTAKES) AND PRODUCTS, AND ANY OTHER BREACH OF THE TERMS BY YOU, OF ANY NATURE WHATSOEVER, REGARDLESS OF LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, WARRANTY, OR STRICT LIABILITY. UNLESS OTHERWISE PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND PRODUCTS OR IF YOU FEEL COMPANY HAS BREACHED THESE TERMS IS TO STOP USING THE SITE AND PRODUCTS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN COMPANY AND YOU IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, COMPANY’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS AND/OR YOUR USE OF THE SITE AND PRODUCTS WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).

Additionally, Company will not be liable in the event others acting with or without your permission use your Account and/or payment method to make purchases on the Site. Notwithstanding, you may report any unauthorized use to Company, and Company will take reasonable steps to assist you in preventing future unauthorized uses of your credit card or other payment method on the Site.

 

XIII. INDEMNIFICATION

You agree to indemnify and hold harmless the Indemnified Parties against all claims, actions, suits, liabilities, damages, costs, and expenses (including reasonable attorney’s fees and legal costs) arising out of or incurred: (i) in connection with your use of the Site, Products, Company’s services, or otherwise, in any direct or indirect capacity (including, without limitation, for any unintended uses of the Products), all of the foregoing to the fullest extent permitted by applicable law; and (ii) pursuant to your breach or alleged breach of these Terms (“Claims”). This indemnification obligation shall survive these Terms and your use of the Site and Products. Company reserves the right to take over the exclusive defense of claims for which any of the Indemnified Parties are entitled to indemnification, and in such an event, you shall provide prompt and reasonable cooperation to the Indemnified Parties.

 

XIV: CONTESTS

In addition to these Terms, sweepstakes, contests, or other promotions (each, a “Contest”) made available by Company through the Site (including through Company’s social media channels) may have specific rules that are different from these Terms. By participating in a Contest, you agree to and will become subject to any specific Contest terms and conditions. Company urges you to review the rules before you participate in a Contest. In the event of any conflict between any the terms and conditions of a Contest and these Terms, the rules pertaining to such Contest will take priority over these Terms.

 

XV. ENTIRE AGREEMENT/MISCELLANEOUS

These Terms represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Site, Products, and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms, which by their nature should survive termination or expiration, shall survive termination or expiration. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms. You are responsible for all costs associated with accessing or using the Site and you are responsible for any system software and/or hardware compatibility requirements for use of the Site.

 

XVI. DISPUTES, ARBITRATION, CHOICE OF LAW, REMEDIES

These Terms shall be governed by the internal substantive laws of the state of New York without respect to its conflict of laws principles.

To the fullest extent permitted by law, neither you nor we will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.  Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings.

Company and you agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights.  This includes all disputes regarding any current, past or future purchase or event, between you and Company regarding Company’s Products, this Agreement or the Site, and whether the claim is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis.  We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms, the Privacy Policy or the formation of this Agreement, including the arbitrability of any dispute and any claim that all or any part of this Agreement is or are void or voidable. You are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.

If you or we have a dispute with the other or this Site or our Agreement, notice must first be sent to the other party, including:

• Name, address, and contact information of the party giving the notice
• The facts that are the basis of the dispute
• The remedy sought (e.g. a refund).

For notices to Company regarding a dispute, they must be emailed to: support@xmondohair.com with a copy mailed to X Mondo Hair LLC, c/o Sharma Law PLLC, 1000 Dean Street, Suite 20, Brooklyn, NY 11238.

If Company has a claim against you, Company will notify you by the contact information you have provided to Company.

Company and you will then use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or Company may commence an arbitration proceeding.  Arbitration will be conducted in New York, New York or if you and Company agree, remotely.

Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

The parties expressly reject any application to this Agreement of (a) the United Nations Convention on Contracts for the International Sale of Goods, and (b) the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended by that certain Protocol, done at Vienna on April 11, 1980.

 

XVII. NOTICE

All legal notices to Company pursuant to these Terms will be in writing and will be delivered by: (i) personal delivery or certified mail and will be deemed given upon delivery; or (ii) via email and will be deemed given upon acknowledgement of receipt. All legal notices pursuant to these Terms shall be sent by you to Company via email to the following address: info@sharmalawpllc.com. By using the Site, you agree that any notice due to you under the Terms that Company sends you electronically will satisfy any legal communication or notification requirement.

 

XVIII. INTELLECTUAL PROPERTY POLICY

Company respects the intellectual property rights of others and desires to offer a Site that contains no material that violates the intellectual property rights of others. Company has instituted procedures for receiving written notification of claimed intellectual property infringements. If you believe in good faith that your intellectual property rights have been infringed through use on the Site, you may notify Company’s intellectual property designated agent by email at info@sharmalawpllc.com with “XMondo Hair - Notice of Infringement” in the subject line, or otherwise provide a written communication to Company at X Mondo Hair LLC, c/o Sharma Law PLLC, 1000 Dean Street, Suite 20 Brooklyn, NY 11238, Attn: Anita Sharma, which contains:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright (or other intellectual property) interest;

2. A description of the copyrighted work (or other intellectual property interest) that you claim has been infringed;

3. A description specifying the location on the Site of the material that you claim is infringing;

4. Your email address and your mailing address and/or telephone number;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright (or other intellectual property) owner, its agent, or the law; and

6. A statement by you made under penalty of perjury, that the information in your notice is accurate and that you are the copyright (or other intellectual property) owner or authorized to act on the copyright (or other intellectual property) owner’s behalf.

 

For clarity, only intellectual property notices should go to Company’s intellectual property designated agent at info@sharmalawpllc.com. Any other general communications should be directed to Company at support@xmondohair.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may be invalid under applicable intellectual property laws.

Questions, comments and requests in relation to these Terms are welcome and should be addressed to support@xmondohair.com.