Terms of Use
Effective Date: November 20, 2024
Regis Internet Site Terms of Use (“Terms”)
IMPORTANT: THESE TERMS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. THESE TERMS INCLUDE SECTION 15 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.
Please also note the warranty disclaimers and limitations on Regis's liability, which are set forth in Sections 7 and 20, respectively.
These Terms describe the rules for using any Regis website or Regis mobile app (together "Regis websites") including access to any optimized version of any Regis website via a wireless device. These Terms constitute a legally binding agreement between you, the person using a Regis website, and Regis (as defined in Section 1). Regis websites are intended for a United States audience. Products or services described on any Regis website may not be available in your location. If you enter into any other agreement with Regis, for example by entering a contest or purchasing products online, then the terms applicable to those programs or activities are in addition to these Terms that govern your use of Regis websites.
Quick Guide to Contents
Privacy Policy, these Terms, and Regis Alerts SMS Terms & Conditions
Content
Intellectual Property Rights in Content
Your Rights to Use Content
Your Representations and Warranties for User Content and/or Feedback Messages
Monitoring and Recording of Communications and Website Traffic
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, these Terms, and Regis Alerts SMS Terms & Conditions
By using any Regis website, using Regis's products or services, or providing User Content or Feedback Messages to or through any Regis website, you confirm, acknowledge, and agree that you have read these Terms and agree to be bound by them. If you do not agree to these Terms, you may not access or use any Regis website.
You also accept and agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using any Regis website, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of any Regis website will be handled in accordance with our Privacy Policy.
If you opt-in to receive Regis Alerts, the Regis Alerts SMS Terms and Conditions will apply to the Regis Alerts program. By opting in to Regis Alerts, you agree to the SMS Terms and Conditions and agree to be bound by them.
3. Changes to these Terms
We reserve the right to change these Terms and our Privacy Policy. Any updates to these Terms or the Privacy Policy will be posted on the Regis websites. It is your responsibility to review these Terms and our Privacy Policy from time to time and be aware of any such changes. By continuing to use any Regis website, using Regis's products or services, or by continuing to provide User Content or Feedback Messages, you consent to any updated version of these Terms and/or Privacy Policy, as modified.
1. Content
As used in these Terms, the word "Content" refers to the information, data, and content on any Regis website, including, but not limited to, all of the software and code comprising or used to operate any Regis website, and all of the page headers, logos, text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, product and service information, product and service descriptions, formats, hashtags, designs, and other materials available on any Regis website, as well as, any User Content and Feedback Messages (as defined in Section 8, herein).
All Content (including User Content and Feedback Messages) on any Regis website is provided for your general information. Although our goal is to provide accurate Content, some information, for example, pricing information or product or service availability, may not be accurate or up-to-date. We may change, add or remove some or all of the Content on any Regis website at any time and reserve the right to discontinue or suspend any portion (or the entirety) of any Regis website at any time for any reason.
2. Intellectual Property Rights in Content
Regis's names and logos, as well as, all product, company and/or service names, graphics, button icons, and all trademarks, service marks, and logos, appearing within any Regis website, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Regis (the "Regis Marks"). Except as expressly provided in these Terms, you are not authorized to display or use any Regis Marks without Regis's prior written permission.
Some content on the Regis websites may include trademarks, product names, company names, logos, service marks, and/or trade dress belonging to other third-party licensors and are used pursuant to an agreement with such third parties ("Third Party Marks"). All Third Party Marks mentioned, displayed, cited, or otherwise indicated within any Regis website are the property of their respective owners. Except as expressly provided in these Terms, you are not authorized to display or use any Third Party Marks without the prior written permission of such owners.
The Content on any Regis website (including Regis Marks and Third Party Marks) is protected under applicable intellectual property and other laws, including, without limitation, the laws of the United States and other countries. All Content and intellectual property rights therein are the property of Regis or the third party owner who has expressly granted Regis permission to use any material protected by any applicable copyright or trademark.
The use or misuse of any Regis Marks, Third Party Marks, or any other Content, material, or information protected by any copyright, trademark, patent, or intellectual property rights, except as permitted herein, is expressly prohibited.
Copyright Infringement – DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that Content or material on any Regis website infringes a copyright owned by you, you (or your agent) may send Regis a notice requesting that the material be removed, or access to it blocked. This request should be sent to: Contact Us or, alternatively to: Regis Corporation, Attn: Department CS, 3701 Wayzata Blvd., Suite 600, Minneapolis, MN 55416 .
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or the subject of infringing activity; (d) the name, address, telephone number, and email address of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to any Regis website should be sent to the address above. Any inquiries not relevant to the above-described procedure will not receive a response.
3. Your Rights to Use Content
Subject to these Terms, Regis grants you a personal, nontransferable, nonexclusive, revocable, limited license to view the Content on the Regis websites for the sole purpose of learning information regarding our salons, products, and services. You may also print a reasonable number of copies of the Content for your personal use, but in such case you must reproduce all proprietary copyright and trademark notices. Your use of any Regis website in any other manner, including without limitation, resale, transfer, modification, or distribution of any Regis Website or the Content is prohibited. All rights, title, and interest in and to the website, including the Content, and all intellectual property rights, including all copyright, trademark, patent and trade secret rights therein shall remain with Regis and our respective licensors and vendors, and no ownership interest is transferred to you or any other entity (whether by implication, estoppel or otherwise), by virtue of making the Content available on the website, granting the foregoing licenses, or these Terms.
These Terms also govern any updates to, or supplements or replacements for, any Regis website, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
We may terminate this license at any time for any reason. If you breach any of these Terms, your license to the Content terminates immediately. Upon the termination of this license you must stop using all Regis websites, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
4. DISCLAIMER OF WARRANTIES
ANY AND ALL REGIS WEBSITES, CONTENT, OR OTHER MATERIAL ON ANY REGIS WEBSITE, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH ANY REGIS WEBSITE, IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REGIS, INCLUDING EACH OF ITS AFFILIATES, SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, FRANCHISEES, SERVICE PROVIDERS, AND ANY OTHER REGIS REPRESENTATIVES ("REGIS ENTITIES"), HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE REGIS ENTITIES MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH ANY REGIS WEBSITE, INCLUDING BUT NOT RELATED TO ANY INFORMATION REGARDING PRICING AND PRODUCT/SERVICE OFFERINGS. TO THE EXTENT PERMITTED BY LAW REGIS DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE SECURITY OF ANY REGIS WEBSITE. THE REGIS ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF ANY REGIS WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT VIRUS OR OTHER HARMFUL COMPONENT. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM ANY REGIS WEBSITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
THE REGIS ENTITIES DO NOT CONTROL OR ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS, OR ANY OTHER CONTENT MADE BY ANYONE WHO IS NOT AN AUTHORIZED REGIS SPOKESPERSON. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE, OPINIONS, OR ANY OTHER CONTENT CONTAINED IN USER CONTENT AND/OR FEEDBACK MESSAGES AND SUCH STATEMENTS, ADVICE, OPINIONS, OR OTHER CONTENT DO NOT, IN ANY WAY, REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF THE REGIS ENTITIES. THE REGIS ENTITIES FURTHER DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, INCLUDING USER CONTENT AND/OR FEEDBACK MESSAGES, THAT ARE OR MAY BE OFFENSIVE, INDECENT, INACCURATE, MISLEADING, OR OTHERWISE OBJECTIONABLE.
YOUR INTERACTIONS, IF ANY, WITH THIRD PARTIES (INDIVIDUALS, ORGANIZATIONS, OR EVENTS) ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTIES AND WE DISCLAIM ANY AND ALL LIABILITY FOR ANY SUCH INTERACTIONS WITH ANY AND ALL THIRD PARTIES.
Some states do not allow limitations on implied warranties, so one or more of the above limitations may not apply to you.
5. User Content and Feedback Messages
As used in these Terms, the word "User Content" refers to any messages, comments, information, photos, writings, music, videos, audio recordings, computer graphics, pictures, images, data, questions, comments, suggestions, or any other content or communications that you (i) submit to or through any Regis website, or (ii) publish through any social media (e.g., Instagram, Twitter, Facebook, Pinterest, Google+, etc.) and associate with hashtags related to one or more of our brands (e.g., #mysupercuts) and agree we can use and including your name, social media handle or ID, profile picture, and related comments, statements, and posts.
As used in these Terms, the word "Feedback Messages" refers to any feedback, suggestions, or similar communications that you provide to Regis whether by posting on or through any Regis website, on any social media platform, or that you provide directly to Regis, whether orally or in writing.
We may provide user comment areas, message boards, interactive user communities, or other areas on Regis websites where users can interact with others and with us, as well as have the opportunity to submit User Content and/or Feedback Messages. Any such User Content and/or Feedback Messages reflects only the opinion of the poster and not of Regis, is not endorsed by Regis, is no substitute for your own research, and should not be relied upon for any purpose.
You bear all risks associated with your use of any User Content and/or Feedback Messages and you should not rely on any such User Content and/or Feedback Messages. We are not responsible for screening, monitoring, or verifying any User Content and/or Feedback Messages, including such User Content’s and/or Feedback Messages’ accuracy, reliability, or compliance with copyright, publicity, or other laws.
Any User Content and/or Feedback Message you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any User Content and/or Feedback Messages you submit. Never assume that you are anonymous and cannot be identified by your User Content and/or Feedback Message.
6. Regis's Rights to Use User Content and Feedback Messages
Unless otherwise described in our Privacy Policy or as part of a specific program, by submitting User Content and/or Feedback Messages to or through any Regis website or by tagging your User Content and/or Feedback Messages on social media with a hashtag associated with one or more of our brands (e.g., #mysupercuts) and agreeing we may use such User Content and/or Feedback Messages, you agree that we may use such User Content and/or Feedback Messages without restriction, including without limitation, on any Regis website and/or in our other marketing materials, emails, social media, store signage, collateral, and other materials. We may feature User Content and/or Feedback Messages with or without your name, handle, and/or any other of your associated social media profile information. We are under no obligation to use or display any User Content and/or Feedback Messages but may do so in whole or in part in our discretion and may remove, edit, or alter any User Content and/or Feedback Messages at any time. Regis may also sublicense its rights in User Content and/or Feedback Messages. Regis is under no obligation to pay you any compensation for any User Content and/or Feedback Messages. User Content will be treated as non-confidential, non-personal, and nonproprietary information and we may disclose any User Content and/or Feedback Messages and the circumstances of your submission to third parties and the general public.
You hereby grant Regis a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your User Content and/or Feedback Messages, in whole or in part, including all intellectual property rights therein. You agree that our exercise of such discretion shall not render us the owners of User Content and/or Feedback Messages, and that you will retain ownership thereof. We are not responsible for the use and disclosure of any personal information that you disclose in connection with User Content and/or Feedback Messages. We will not return any User Content and/or Feedback Messages to you.
Regis has the right (but does not assume the obligation) to: (a) monitor all User Content and/or Feedback Messages; (b) require that you avoid certain subjects; (c) refuse, restrict, remove, or move any and all User Content and/or Feedback messages for any reason or no reason; (d) disclose any User Content and/or Feedback Messages and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect the rights of Regis or others, or to enforce these Terms; and (e) terminate your access to and use of any Regis website, or to modify, edit, or block your transmissions thereto in our sole discretion. If we remove any User Content and/or Feedback Messages you understand that we may preserve and access a backup-copy, and we may disclose the content to third parties.
7. Reporting Objectionable Material
On certain pages of Regis's websites, we may provide a tool to report User Content and/or Feedback Messages which you may find objectionable ("Objectionable Material"). If that tool is not available, you can report Objectionable Material by contacting us using the information provided in the Contact Us section below. While we do not have any obligation to remove Objectionable Material from Regis's websites merely because of a removal request, we will review all such requests and will remove Objectionable Material that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Objectionable Material has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, we may maintain residual copies or back-up of any removed Objectionable Material on back-up servers.
8. Your Representations and Warranties for User Content and/or Feedback Messages
You understand and agree that all of your User Content and/or Feedback Messages are subject to and will comply with these Terms. You are solely responsible for any User Content and/or Feedback Messages you submit or make available to us and Regis assumes no responsibility or liability for any User Content or Feedback Messages submitted by you or any other site visitor.
You represent and warrant that you are at least 16 years of age, and that if you are under 18 years of age a parent and/or guardian agrees to these Terms on your behalf. Please be aware parental control protections (such as computer hardware, software, or filtering services) are commercially available, which can assist parents and guardians in limiting access to material that is or may be harmful to minors. Information on parental controls is publicly available. Regis does not endorse any particular products or services, and you are solely responsible for selecting and/or utilizing any such parental control protections.
For any User Content and/or Feedback Messages you submit to us, you represent and warrant that: (i) you are at least 18 years of age; (ii) any and all User Content and/or Feedback Messages provided on or through any Regis website are accurate to the best of your knowledge and any information provides is complete; (iii) you own or control all rights, including copyright rights, in and to the User Content and/or Feedback Messages and all elements thereof; (iv) you have all rights necessary to validly grant the rights and licenses to us (as set forth in Section 9), including all rights from any and all third parties appearing in the User Content and/or Feedback Messages for such third parties’ names, images, and/or likenesses, and any other third party rights; (v) the User Content and/or Feedback Messages does not infringe or violate the rights of any third party, including without limitation, trademark, copyright, rights of publicity/privacy, patent, trade, secret, or confidentiality; and (vi) the User Content and/or Feedback Messages complies with all applicable laws, rules, regulations, and third party agreements to which you are subject, including social media terms of use. You irrevocably waive any “moral rights” to attribution of authorship and/or integrity of materials regarding User Content and/or Feedback Messages under any applicable law or legal theory.
9. Your Use of Regis Websites
You agree:
not to use any Regis website or Content in any way not explicitly permitted by these Terms;
not to use any Content or other data or information on any Regis website that is subject to any copyright, trademark, patent, or other protection under any intellectual property rules, except as expressly permitted by these Terms;
not to use any Regis Marks or Third Party Marks to send any unsolicited material (including any unsolicited marketing material, such as promotional materials, emails, text messages, phone calls, spam, or junk mail);
not to modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third party website, or otherwise use the Content in any way except as specifically permitted by these Terms or otherwise in writing by Regis;
not to harvest or collect information or Content from any Regis website;
not to reverse engineer, disassemble, or decompile any Regis website unless expressly authorized by these Terms or applicable law;
not to use any use any robot, spider, rover, scraper, crawler, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage);
not to misrepresent your identity or provide us with any false or misleading information in any information-collection portion of any Regis website, such as a registration page, or in connection with any User Content and/or Feedback Messages;
not to take any action intended to interfere with the operation of any Regis website, including, but not limited to, making available, embedding, or in any way exposing Regis, any Regis website, or any other user of any Regis website to any viruses, spyware, corrupted computer code, file or program, or any other software, program, or technology which is, or is potentially, harmful, invasive, or intended to cause damage to the use of any hardware, software, or other equipment belonging to Regis or any Regis website user;
not to access or attempt to access any portion of any Regis website to which you have not been explicitly granted access;
not to restrict or inhibit any other person from rightfully accessing or using any Regis website;
not to share any password assigned to you with any third parties or use any password granted to a third party;
not to directly or indirectly authorize anyone else to take actions prohibited in this section;
not to use any Regis website in any way or for any purpose that is fraudulent or otherwise tortious or unlawful;
to comply with all applicable laws and regulations while using any Regis website or the Content.
With respect to any User Content and/or Feedback Messages, you agree not to provide any such content which:
is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy
constitutes or encourages activity illegal under criminal or civil law;
is false, misleading, deceptive, inaccurate, fraudulent, or misrepresents your identity or affiliation with a person or company;
promotes violence or describes how to perform a violent act;
impersonates any person or entity;
violates any applicable laws, rules, or regulations;
violates or infringes upon the rights of others;
contains the image, name, or likeness of anyone other than yourself;
requests or solicits any personal or private information from any individual;
contains advertisements, promotions, solicitations, marketing, spam, or which has a commercial purpose without Regis's express written permission;
contains software viruses, commercial solicitations, chain letters, mass mailings, political campaigning, or any form of “spam”; or
the transmission of which could violate, or facilitate the violation of, any applicable law, regulation, or intellectual property rights.
10. Third Party Websites or Materials
While visiting any Regis website you may click on links to other websites and leave the Regis website. We provide links to other websites that may contain information that may be useful or interesting to you. We do not endorse, and are not responsible for, the content and accuracy of linked websites operated by third parties or for any of your dealings with any such third parties. You are solely responsible for your dealings with such third parties and we encourage you to read the terms of use and privacy policies on such third-party websites.
Regis's websites may include third-party software, programming, open-source materials, or other technologies ("Third Party Materials"). Your use of Third Party Materials is subject to these Terms, as well as, any applicable terms and conditions from any such third parties regarding, pertaining to, or covering any Third Party Materials.
11. Communications
When you use any Regis website and/or communicate with Regis by telephone (cellular, mobile, or landline), e-mail, or in any other electronic form from either a computer, landline, or mobile device, you are authorizing us to respond to any such communication in the same format in which you have communicated with Regis.
For additional information on, or help with, communications received through the Regis Alerts SMS program, please see Regis Alerts SMS Terms & Conditions.
12. Monitoring and Recording of Communications and Website Traffic
Visits to any Regis website may be monitored and recorded by Regis and/or any of its affiliates, subsidiaries, agents, or vendors. By using any Regis website, you consent to such monitoring and recording and agree you have no expectation of privacy in these communications or their use.
You further understand and agree that your communications with Regis may be monitored and recorded by Regis or any of its affiliates, subsidiaries, agents, or vendors. By communicating with Regis, in any manner, including but not limited to through use of any Regis website, telephone call, or through use of any chat features available on any Regis website, you consent to Regis monitoring and recording any such communication and agree you have no expectation of privacy in these communications or their use. Regis may share the contents of any such recording consistent with the terms of its Privacy Policy.
You also understand and agree that consistent with the terms of Regis's Privacy Policy, Regis, whether on its own or through services provided to Regis by any affiliates, subsidiaries, agents, or vendors, may use devices, processes, or software, including but not limited to equipment which may qualify as a pen register and/or trap and trace device to capture, record, or decode (1) any dialing, routing, addressing, or signaling information that is transmitted by an instrument or facility from which a wire or electronic communication is transmitted, or (2) any incoming electronic or other impulse or signal that identifies the originating number or other dialing, routing, addressing, or signaling information that is reasonably likely to identify the source of a wire or electronic communication.
13. Regis Accounts
Regis may provide you with the opportunity to create an account with Regis through certain of the Regis websites or a Regis mobile app. If you create a Regis account, you may be asked to create a username and password, and provide certain information about yourself as required by the account registration form. You represent and warrant that all information you provide is true and correct to the best of your knowledge. You further acknowledge you are responsible for maintaining the ongoing accuracy of information you provide to Regis.
You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. Regis is not responsible for any losses arising out of the unauthorized use of your account. You are fully responsible for any and all activities associated with your Regis Account (including any activities resulting from or related to unauthorized access to your account). You agree to immediately notify Regis of any unauthorized use of your account or any other breach of security of your account using the information in the Contact Us section below. Your account may be restricted or terminated for any reason, or no reason, at our sole discretion.
14. Payments and Billing
The Regis websites may allow you to order products or services and make payments for those products and services through the website. By providing any payment information to Regis in connection with an order for a product or service, you represent and warrant that you have the right to use the method of payment (e.g., credit card, debit card, gift card, bank account). Your further authorize Regis to store and use the payment information provided as a method of payment for any product or service purchased through any Regis website, including through any mobile app. Prior to accepting any order, Regis may request additional information from you to verify your identify or the payment method. You acknowledge and agree that all information provided to Regis is true and correct.
Regis reserves the right to refuse or cancel any order or purchase for any reason, or no reason at all. If your order is canceled after your payment information has been charged, Regis will issue a credit in the amount of the charge to the same payment information used for the initial charge. We will attempt to contact you to let you know if an order or purchase has been canceled or if additional information is required to process your order or purchase.
a. Promotional Codes or Discounts
Regis may issue promotional codes or offer certain discounts on products or services from time to time. Any promotional codes or discounts are limited in nature and may expire or be discontinued with or without prior notice to you. Unless expressly stated otherwise in any particular promotion, promotional codes and discounts are not redeemable for cash and may only be applied to the limited product or service for which they were offered. Check the specific terms applicable to any promotional code or discount. Where there is a conflict between these Terms and the terms applicable to the promotional code or discount, the terms applicable to the promotional code or discount will govern any such code or discount. Promotional codes and discounts are void where prohibited.
b. Automatic Account Updates
Regis or any of its payment processors may participate in an account update service available through certain banks or credit card companies. If an account update service applies, you understand that any credit card information on file with Regis may be automatically updated, including card number or expiration date, in Regis's system when and if that information changes. If you do not want your payment information to be automatically updated, you can contact your card issuing bank and opt out of automatic account update services.
c. Pre-authorization
You understand and agree that Regis may request a pre-authorization for certain orders or purchases made through any Regis website. You are not billed for any pre-authorization, although a hold in the amount of the pre-authorization may be placed on your credit card by your card issuer. The length of the hold is determined by your card issuer.
15. 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, CONTENT, OR ANY REGIS WEBSITE 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, Regis, any Regis website, or any Content, 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 these Terms, Regis, any Regis website, or any Content (“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 use of or access to any Regis website. 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.
16. Indemnification
You agree to defend, indemnify, and hold harmless Regis and all third parties, if any, providing Content for any Regis website, and all third parties providing support or information for any Regis website and its and their subsidiaries, 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, due, arising out of, or related to: (a) your breach of these Terms; (b) your use or misuse of the Content or any Regis website; or (c) User Content and/or Feedback Messages you submit and any information associated with such User Content and/or Feedback Message, including, without limitation, all claims arising out of or based on copyright or trademark infringement, misappropriation, invasion of privacy, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization, or use in composite form.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT REGIS AND ANY OF 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 OR THE CONTENT. 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 YOU USE ANY AND ALL REGIS WEBSITES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY REGIS WEBSITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
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).
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.
18. Applicable Law.
Except as otherwise provided herein, these Terms, your use of any Regis products and services, your use of any Regis website, or the Content 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, or related to Regis, your use of any Regis website, or the Content, 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 Regis or its employees, officers, directors, agents and providers.
19. 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.
20. Entire Agreement
These Terms (together with our 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.
21. 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.
22. Termination
These Terms are effective unless and until terminated by either you or Regis. You may terminate these Terms by discontinuing your use of any Regis website, Regis services, or the Content. We may terminate these Terms at any time and may do so immediately without first providing notice of intent to terminate. Upon the termination of these Terms you must stop using all Regis websites, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control.
23. Survival
The following terms shall survive any termination of these Terms or discontinuation of any Regis website:
· Regis’s reservation of all intellectual property rights including rights to any Content, User Content, and/or Feedback Messages;
· restrictions on your use of any Regis website;
· Regis's disclaimer of warranties;
· 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.
24. 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.
25. Contact Us
To contact us regarding these Terms and our related privacy practices, please contact us via this Contact Us form.