Regis Alerts SMS Terms & Conditions
Regis Alerts SMS Terms & Conditions ("Terms")
IMPORTANT: THESE TERMS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. THESE TERMS AND YOUR AGREEMENT TO TAKE PART IN THE REGIS TEXTING PROGRAM INCLUDES SECTION 9 BELOW TITLED “HOW ARE DISPUTES RESOLVED?,” WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST REGIS (AS DEFINED IN SECTION 1 OF THESE TERMS), ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS ACTION. BECAUSE OF THIS MANDATORY BINDING ARBITRATION PROVISION, YOU CANNOT BRING CLAIMS AGAINST REGIS IN COURT, CANNOT REQUEST OR RECEIVE A JURY TRIAL, AND MUST ARBITRATE ON AN INDIVIDUAL ONLY BASIS AND NOT AS PART OF A MASS, CLASS OR REPRESENTATIVE ACTION.
Quick Guide to Contents
1. Who is Regis?
Regis includes the following entities:
Supercuts, Inc.
SmartStyle Hair Salons
Cost Cutters
First Choice Haircutters
Roosters
BoRics Hair Care
Regis Salons
MasterCuts
Pro-Cuts
Hennessey Salon & Spa
Holiday Hair
Famous Hair
Island Haircutting Co.
Head Start Haircare
Magicuts
Style America Hair Care
City Looks Salons
Cool Cuts 4 Kids
Carlton Hair
Haircrafters
Hairmasters
Outlooks for Hair
Promenade Salons
Beauty Supply Outlet
Beauty Supply Outlet Express
2. Privacy Policy and Regis Internet Site Terms of Use
By signing up for Regis Alerts, you also accept and agree to be bound by the Regis Internet Site Terms of Use and Privacy Policy. By taking part in Regis Alerts and consenting to receive text messages, you confirm, acknowledge and agree that you have read these Terms, the Regis Internet Site Terms of Use, and Privacy Policy and agree to by bound by them. If you do not agree to these Terms, you may not sign up for or use Regis Alerts.
3. Changes to These Terms.
We reserve the right to change these Terms from time to time. Any updates to these Terms will be posted on the Regis websites. It is your responsibility to review these Terms from time to time and to be aware of any such changes. By continuing to participate in the Regis Alerts program and not opting-out of receiving further text messages (as set forth in Section 4 of these Terms), you consent to any updated version of these Terms, as modified. Any new features, changes, updates or improvements of any Regis Alert or program related thereto shall be subject to these Terms unless explicitly stated otherwise in writing.
4. What are Regis Alerts?
Regis Alerts are:
Marketing text messages (SMS, MMS, or RCS) that contain information regarding Regis promotions, deals, or products; and
Non-marketing informational text messages (SMS, MMS, or RCS) that contain information regarding your use of Regis services, transactions, and appointments.
5. How do I sign up ("opt-in")?
There are multiple ways to sign up for Regis Alerts.
For informational messages, you will be automatically enrolled in Regis Alerts if you provide your phone number to Regis when creating an online booking or at the point of sale in any Regis storefront. Some of the Regis brands (for example Supercuts) may also allow you to create an online account. If you create an online account, you can opt-in for Regis Alerts by navigating to account settings and Set Notifications, to turn on Regis Alerts.
Supercuts currently offers marketing Regis Alerts. You can opt in to marketing Regis Alerts by navigating to https://www.supercuts.com/sms-subscribe, completing the form, providing your phone number, and clicking SIGN UP. You can also enroll in marketing Regis Alerts through your Supercuts online account. To opt in, navigate to account settings and Set Notifications, to turn on marketing Regis Alerts.
After opting-in for Regis Alerts, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in.
Consent to Receive Autodialed Marketing and Non-Marketing Text Messages. By opting in to receive Regis Alerts you are providing your ESIGN signature and expressly consent to receive recurring autodialed non-marketing and marketing text messages from or on behalf of Regis and any marketing and/or service partners texting on its behalf at the mobile telephone number associated with your opt-in. You understand and agree that text messages may utilize or be sent using an automated system and/or an autodialer, an automated system for the selection and/or dialing of telephone numbers, an automatic telephone dialing system (“ATDS”), and/or any other type of systems, softwares, hardwares, or machines (no matter how they may be named or classified, and whether used alone or in conjunction with one another) that may use an automated procedure or technology or process for sending text messages, at the mobile telephone number associated with your opt-in. Your consent to receive Regis Alerts is limited to only the Regis entity(ies) from which you have expressly consented to receive Regis Alerts. You acknowledge that your consent is not required (whether directly or indirectly) as a condition of purchasing any products, goods or services. You further acknowledge you have read and agree to REGIS INTERNET SITE TERMS OF USE and PRIVACY POLICY. Msg & data rates apply. Message frequency will vary. You may opt out at any time.
6. What if I don’t want to receive any more messages ("opt-out")?
You may opt out of these communications at any time. To stop receiving Regis Alerts, you may (a) text STOP to any of the Regis Alerts you receive; (2) if you have a Regis online account, you can turn off Regis Alerts on the account settings tab for your online account, or (3) you can email us at privacyrequest@regiscorp.com and request that your Regis account be deleted (note: this will delete your entire Regis profile). You may receive a final message confirming your opt-out, and no further Regis Alerts will be sent to your mobile phone unless you later choose to opt back in.
If you have opted into Regis Alerts from one or more of the Regis entities listed in Section 1 of these Terms, you understand that your opt-out will opt you out of all text messages from all Regis entities. Alternatively, you may receive a single text message following your opt-out request asking you to clarify the scope of your opt-out. If you do not respond to that message, you will be automatically opted out of all Regis Alerts.
7. Your Representations and Warranties.
You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.
By providing your phone number to Regis at opt-in (or for any phone number you may provide to Regis in the future in connection with your opt-in to receive Regis Alerts), you represent, warrant, and certify that the phone number provided is your telephone number and is not associated with or regularly used by someone else. If you change or deactivate your mobile number, you must contact Regis at privacyrequest@regiscorp.com to remove your number.
If you (1) provide a phone number that belongs to someone else or is regularly used by someone or (2) fail to notify Regis if you change or deactivate your phone number, you agree to indemnify Regis (as set forth in Section 10) from and against claims or disputes asserted by any third party arising out of or relating to Regis Alerts or text messages sent to that phone number.
8. What are the Participating Carriers?
Most wireless carriers support Regis Alerts. Check with your wireless carrier if you have questions. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
9. How are disputes resolved?
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO REGIS ALERTS, YOUR RECEIPT OF TEXT MESSAGES OR ANY OTHER COMMUNICATIONS FROM REGIS (AS DEFINED ABOVE, WHICH MAY INCLUDE SUPERCUTS AND ITS FRANCHISEES) SHALL BE RESOLVED EXCLUSIVELY BY MANDATORY, BINDING ARBITRATION, ON AN INDIVIDUAL BASIS ONLY, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS ARBITRATION PROVISION.
Mandatory Pre-Suit/Pre-Arbitration Notice of Claim. Before seeking legal recourse of any kind for any harm you believe you have suffered arising from or relating to these Terms, your receipt of text messages, Regis Alerts, or your use of any websites associated with or belonging to any Regis entity or affiliate (as set forth in Section 1), you agree to inform us in writing and to give us thirty (30) days to cure any alleged harm before initiating any arbitration or action excluded from the arbitration provision, as set forth herein. If we are unable to reach a resolution within thirty (30) days, you may pursue legal action as set forth in this Section.
Mandatory Binding Individual Only Arbitration. Except as expressly provided in this "How are disputes resolved?" section, you agree that any dispute, claim, case, or controversy (whether based in tort (including negligence, gross negligence, fraud, intentional/negligent misrepresentation, and/or willful or knowing misconduct), contract, statute, regulation, ordinance, equity, or any other legal theory) between you and Regis, including its affiliates, officers, directors, service and marketing partners, parents companies, subsidiaries, agents, successors, assigns, employees, and franchisees, whether arising out of or relating to past, present, or future acts or omissions and including but not limited to, disputes in any way related to Regis Alerts, your receipt of text messages or any other communications, or these Terms (“Claims”) shall be exclusively resolved by mandatory and binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
What is Arbitration? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can.
Severance. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
WAIVER OF CLASS ACTIONS. YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY FEDERAL, STATE, OR LOCAL LAWS, YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. You expressly agree that you will not participate in any class, mass, collective, consolidated, private attorney general, or other representative arbitration proceeding. You agree that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one (1) person in a single arbitration, unless otherwise agreed to by Regis in its sole and absolute discretion.
WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION. ARBITRATION PROCEDURES ARE TYPICALLY MORE LIMITED, MORE EFFICIENT AND LESS COSTLY THAN RULES APPLICABLE IN COURT AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND REGIS IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION AWARD OR OTHERWISE, YOU AND REGIS WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING THAT THE DISPUTE BE RESOLVED BY A JUDGE. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Opt-out of Arbitration. You may opt out of this Arbitration Agreement by sending Regis a signed, written opt-out notice within thirty (30) days of your initial opt-in to the Regis Alerts program. Any opt-out notice shall be sent to Regis at: Regis Corporation, Attn: Department CS, 3701 Wayzata Boulevard, Suite 500, Minneapolis, MN 55416.
Claims Not Subject to Arbitration. There are only four (4) exceptions to this Arbitration Agreement:
Small Claims. Either party may bring individual Claims in small claims court.
Personal Injury Claims. Both parties must litigate personal injury Claims in court. For purposes of this exception, personal injury Claims are claims arising from injury to the physical structure of the human body.
Emergency Equitable Relief. Either party may seek temporary injunctive relief or other equitable relief in court pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Intellectual Property Rights. To the extent you have in any manner violated or threatened to violate Regis’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights), Regis may bring a lawsuit for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
Statute of Limitations. You must initiate any arbitration (or an action excluded from arbitration) within one (1) year after the Claim has arisen or you will be barred from pursuing any cause of action.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator. The Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Arbitration Agreement, the rules set forth in this Arbitration Agreement will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
To initiate arbitration, you or Regis must do the following things:
(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at http://www.jamsadr.com.
(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.
(3) Send one copy of the Demand for Arbitration to the other party.
Arbitration Fees and Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and Regis will pay all other administrative costs and fees. In addition, for claims of less than $1,000, Regis will reimburse you for the $25 fee if the arbitrator rules in your favor.
Place of Arbitration. Arbitration under this agreement shall be held in either Minneapolis, MN, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence), or any other location we mutually agree to. Your access to the arbitration will not be precluded by the location of the arbitration.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law, and the laws of the State of Minnesota.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have, including the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable federal, state, or local laws, the Arbitration Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Any judgment or award rendered by the arbitrator may be subject to judicial confirmation and may be entered in any court of competent jurisdiction.
Right to Counsel. Each party to an arbitration is entitled to be represented in the arbitration by counsel of their choosing. Each party is solely responsible for their own attorneys' fees unless otherwise provided for by federal, state, or local laws, the Arbitration Rules, this Arbitration Agreement, or the arbitrator's award.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
10. Indemnification.
You agree to indemnify and hold harmless Regis, including its affiliates, officers, directors, employees, service and marketing partners, parent companies, subsidiaries, agents, successors, assigns, employees, and franchisees, from any loss, liability, claim, demand, or damage, including reasonable attorneys’ fees, made by any third party due to, arising out of, or related to your violation of these Terms and your representations and warranties contained herein. We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not, in any event, settle any claim without the prior written consent of a duly authorized employee or representative of Regis.
11. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT REGIS AND ITS AFFILIATES, SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, FRANCHISEES, SERVICE PROVIDERS, AND ANY OTHER REGIS REPRESENTATIVES (TOGETHER "RELEASED PARTIES"), SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE ANY REGIS WEBSITE, YOUR TAKING PART IN REGIS ALERTS, AND YOUR RECEIPT OF TEXT MESSAGES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, INTENTIONAL AND/OR NEGLIGENT MISREPRESENTATION, OR ANY ALLEGED WILLFUL OR INTENTIONAL MISCONDUCT), STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE RELEASED PARTIES, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED U.S. $10.00. THE LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME STATES. IN NO EVENT SHALL THE RELEASED PARTIES, BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF ANY REGIS WEBSITE OR THE CONTENT ARE EXCLUDED EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR PARTICIPATION IN THE REGIS ALERTS PROGRAM IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE REGIS ALERTS PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO OPT-OUT OF RECEIVING REGIS ALERTS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
The Regis Alerts give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
12. Applicable Law.
Except as otherwise provided herein, these Terms, your receive of text messages, and your agreement to participate in the Regis Alerts program shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. Should any Claim proceed to litigation in a court of law or be otherwise exempted or excluded from the Arbitration Agreement, you agree that the only proper jurisdiction and venue for any dispute arising under these Terms, the Regis Alerts program, or your receipt of any text messages, is in the state and federal courts in the State of Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving the Company or its employees, officers, directors, agents and providers.
13. Severability.
If any term herein is, to any extent, illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect. To the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
14. Entire Agreement.
These Terms (together with our Regis Internet Site Terms of Use and Privacy Policy and any additional terms applicable to you to which you have consented) contain the entire understanding and agreement between you and Regis, and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic. In the event of a conflict between these Terms and the Terms of Use, these Terms shall govern any Claim relating to or arising out of your receipt of text messages, these Terms, or the Regis Alerts program.
15. Assignment
You may not transfer or assign any rights or obligations under these Terms.
Regis may transfer or assign its rights and obligations under these Terms.
16. Termination
These Terms are effective unless and until terminated by either you or Regis. You may terminate these Terms by discontinuing your use, or opting out, of Regis Alerts. We may terminate these Terms at any time and may do so immediately without first providing notice of intent to terminate.
17. Survival
The following terms shall survive the termination of these Terms:
Your obligations to indemnify Regis;
Regis's limitation of liability;
Applicable law;
Arbitration Agreement;
Severability;
Assignment; and
any other terms, which, by their nature, are intended to survive.
18. No Waiver
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Regis of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
19. Contact Us
To contact us regarding these Terms and our related privacy practices, please contact us via this Contact Us form.
Effective Date: November 20, 2024
© 2023 Regis Corporation. All Rights Reserved.