Terms of Use
Welcome to The Kim Kimble Hair Collection by HairUWear web site, www.kimkimblehair.com (the "Site"). Please review the following basic terms that govern your use of this Site (this "Agreement"). This Site is operated and controlled by The Kim Kimble Hair Collection by HairUWear and its parent company, Hair Transformations, LLC. and their affiliates (collectively "Hair Transformations"). Your use of the Site is subject to your acceptance of these Terms of Use (“Terms”). Your use of this Site constitutes your agreement and acceptance without modification of all notices, terms and conditions set forth herein. If you do not, or cannot, agree to these Terms, do not use the Site.
Regardless of the device you use to access the Site, your use of the Site is subject to your compliance with these Terms, as well as any other written agreement between us and you. You also agree to comply with any additional rules, conditions, guidelines, terms or conditions of use specific to the products or services provided by us or made available through the Site. We may, in our sole discretion and in addition to any other remedies available to us, with, or without cause or notice, withdraw, suspend, or discontinue at any time your use of, or access to, the Site or any of its functions, features, materials or Content (defined below).
We may update these Terms from time to time. Please check the Terms each time you access or use the Site. If we make material changes to the Terms, we will post the revised Terms on the Site and update the “Last Modified” date at the bottom of these Terms. Your continued access to or use of the Site after the date of any such changes become effective constitutes your acceptance of the new Terms.
Your personal information will be used and protected in accordance with our Privacy Policy.
License and User Conduct
Hair Transformations grants you a personal, revocable, non-transferable, non-exclusive, limited license to access and use the Site only for your personal and internal business purposes and strictly in accordance with these Terms. These Terms further apply to and govern any upgrades provided by Hair Transformations that replace and/or supplement the version of the Site that you initially used or accessed unless such upgrade is accompanied by a separate license in which case the terms of that separate license will govern. All rights not expressly granted in these Terms are reserved for Hair Transformations.
Your use of the Site pursuant to these Terms is limited to: (1) accessing and viewing this Site, (2) receiving information about our organization, Site, products, and services; (3) providing information about your questions, needs, or wants from us and our products and services; (4) ordering products and services from our Site and making payments for the same; and (5) download and print individual pages from this Site as limited herein. You may access, download and print materials only as necessary to receive the services and information and, in doing so, you must retain any and all notices, trademarks, and other markings found on these materials. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing.
You agree that you will comply with these Terms and that you will not engage in conduct or communications through or with the Site that: (a) are obscene, fraudulent, indecent, defamatory, abusive, harassing, or threatening to others, or negatively impacts others’ ability to use the Site; (b) contain any viruses, malware, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to, or that may, damage, detrimentally interfere with, surreptitiously intercept, or expropriate, any system, data, or personal information; (c) advocate or encourage any illegal activity; (d) infringe on the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; (e) violate the privacy of individuals, including, but not limited to, other users of the Site; (f) engage in, assist, or encourage any conduct, activities, or communications that affect the operation, access, or usability of the Site for any other authorized user; or (g) violate any applicable local, state, national, or international law. And you also agree that you will not (h) attempt to gain unauthorized access to any portion or feature of the Site or our systems, networks, or servers by hacking, password “mining” or any other illegitimate means. You further agree not to (i) access, acquire, copy, monitor, circumvent, or create derivative works from any portion of our Site, systems, networks, or servers to obtain or attempt to obtain any Content, materials, documents, or information through any means not purposely made available to you through the Site. You also agree not to sell, license, or distribute any Content, materials, documents or information. We reserve the right to bar any such activity or use in our sole discretion. Except where expressly permitted, you may not rent, lease, lend, sell, redistribute, or license the Content, the Site, our products or services, or access to the same or any portion thereof. You may not copy, adapt, distribute, attempt to derive the source code of, modify, or crease derivative works of the Site or our products or services, any updates, or any part thereof except as expressly permitted herein.
We may make improvements, changes, or amendments to the information, services, products, and other materials and portions of the Site, or terminate the Site (or any portion thereof), or your access to the Site at any time, in our sole discretion. We reserve the right to change, suspend, remove, or disable access to the Site at any time without notice. In no event will we be liable for the removal or disabling of access to the Site. We may also impose limits on the use of or access to the Site, or portions thereof, in any case and without notice or liability.
The Site that may be accessed from, displayed on, or linked to from your mobile device or PC is not available in all languages or in all countries. We make no representations that the Site is appropriate or available for use in any particular location. To the extent you choose to access the Site, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws.
You must be 16 or older to access or utilize the Site.
Information You Provide
You agree that all information you provide to us will be true, accurate, current, and complete. You represent and warrant that you have the legal right to provide it, and that it does not violate any third party’s privacy, intellectual property, or other proprietary rights. Any information you provide us, including feedback, responses to questions, comments, or suggestions, or the like regarding the Site will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information. By uploading, sending, posting, or otherwise providing any information or material, you grant Hair Transformations an unrestricted, irrevocable, worldwide, non-exclusive, license to use, reproduce, display, perform, modify, transmit, and distribute the same. You agree that Hair Transformations is free to use any ideas, concepts, know-how or techniques that you provide us for any purpose, including creating derivative works.
You agree that we may collect and use technical data and related information, including but not limited to, technical information about the device you use to access the Site. We may, in our legitimate interest in maintaining the Site, also collect information about the system and application software you use as well as information about device peripherals you employ. And, we may collect information about your activities on the Site, like the duration and frequency of your usage sessions, information regarding application crashes and screens you choose to view, gesture (i.e., taps, swipes, pinches, etc.) you use on the application, whether you are a first-time or a returning user, links you clicked on while in the application, and your flow and navigation path through the application. This information is gathered periodically and facilitates the development of software updates, the provision of product support, and with the delivery of other services to you (if any) related to the Site. We may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you. More information on the collection and use of this information, as well as other information we may collect from you through the Site can be found in our Privacy Policy.
Third-Party Content
Hair Transformations may provide links to other websites or make reference to information, documents, software, materials, services, and/or other content of or provided by third parties ("Third-Party Content") as a service to those interested in this information. Hair Transformations does not monitor, approve or have any control over any Third-Party Content. Hair Transformations does not guarantee, endorse, nor adopt the accuracy or completeness of any Third-Party Content. You agree that Hair Transformations is not responsible or liable for any content, advertising, materials, or other information on third-party websites or for updating or reviewing such Third-Party Content and that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any content, goods, or services available through a third-party website or internet resource. You use Third-Party Content at your own risk. You should carefully review any Terms of Use or other agreements or requirements that accompany any such Third-Party Content before using such third-party websites or providing them any information.
If you link to our Site, you agree, pursuant to these Terms, to remove and/or disable such link should we so demand.
Indemnification
You agree to defend, indemnify, and hold Hair Transformations and its affiliates, partners, agents, and subsidiaries, harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of the Site or the Content, or by any conduct by you, or those acting on your behalf, that would constitute a breach of any of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Intellectual Property
The entire content of the Site, including, but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks (including, but not limited to, thewigcompany.com, twcwigs.com, mywigshop.com, tvwigs.com, shophairdo.com, kimkimblehair.com), button icons, images, audio clips, logos, sounds, music, artwork, and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and all software (collectively, “Content”) is owned and controlled, or licensed by or to Hair Transformations. Your use of the Site does not grant you any rights in or to any of the Content.
The Site and its Content, except for those aspects in the public domain, are protected from unauthorized copying and dissemination by United States laws for copyright, trademark, trade dress, unfair competition, as well as international conventions and other intellectual property laws.
All page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Hair Transformations or its licensors and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
Hair Transformations will grant you permission to use portions of the Site, provided that you do not change or delete any proprietary notices from downloaded or printed materials; copy or post such information on any networked computer; broadcast it in any media; or make any representations or warranties relating to such documents or Content. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of placing an order with Hair Transformations or using this Site as a shopping resource. Any other use of the Content - including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance - without the prior written permission of Hair Transformations is strictly prohibited.
Other than this limited permission, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, or distribute, in any way (including “mirroring”) to any other computer, server, website, medium, or commercial enterprise, any part of the Site or any Content without our express prior written consent.
Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or the Content except as permitted or consented by these Terms.
Digital Millennium Copyright Act Notice
Hair Transformations respects the intellectual property rights of others and users of the Site are expected to do the same. We will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe our Site (or any portion of it) infringes your copyright, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has been infringed;
- A description of the copyrighted work that you believe has been infringed;
- The location on the Site of this allegedly infringing material;
- Your address, telephone number, and email address and any other pertinent information sufficient to allow Hair Transformations to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notice of claimed copyright infringement should be directed to:
By mail:Notice of Infringement
Hair Transformations
14865 W. 105th St.
Lenexa, KS 66215
By fax: 1 (913) 492-4463
By email: kimkimble@kimkimblehair.com
(Please include “notice of infringement” in the subject line)
Disclaimer
HAIR TRANSFORMATIONS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS - IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE OPERATION OF THIS SITE, THE CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, HAIR TRANSFORMATIONS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NONINFRINGEMENT WITH RESPECT TO THE SITE OR ITS CONTENT. IN ADDITION, HAIR TRANSFORMATIONS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR WITHOUT PROBLEMS OR ERRORS, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE OR ITS CONTENTS. Price and availability information is subject to change without notice.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL HAIR TRANSFORMATIONS, ITS AFFILIATES, OR ITS SUBSIDIARIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SPONSORS, OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE OF THIS SITE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. NOTWITHSTANDING THESE LIMITATIONS, ANY LIABILITY UNDER THESE TERMS OF USE SHALL BE LIMITED TO THE COST INCURRED BY YOUR USE OF THE SITE, IF ANY, OR $500, WHICHEVER IS LESS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY IN WHOLE OR IN PART TO YOU.
Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above.
Applicable Law
This site is created and controlled by Hair Transformations in the State of Pennsylvania, U.S. A. As such, the laws of the State of Pennsylvania govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Allegheny County, Pennsylvania USA, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Hair Transformations reserves the right to make changes to its Web site and these disclaimers, terms and conditions at any time.
Our Address
Hair Transformations
14865 W. 105th St.
Lenexa, KS 66215
Product Information
The products displayed on this Site can be ordered and delivered within the U.S., Canada, and specified foreign countries. All prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the U.S. All of the products purchased from this Site should be used in accordance with the manufacturer's instructions, precautions and guidelines. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Hair Transformations.
Color Information
While Hair Transformations has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order, or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud of unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
General
Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Hair Transformations has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use.
Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held in Allegheny County, Pennsylvania, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that Hair Transformations may at any time and without notice change the terms, conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Hair Transformations as a result of this Agreement or your use of this Site. Hair Transformations’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Hair Transformations’ right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Hair Transformations with respect to such use.
This Agreement constitutes the entire agreement between you and Hair Transformations with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Hair Transformations with respect to this Site. No modification of this Agreement shall be effective unless it is authored by Hair Transformations or its affiliates, or unless it is physically signed by a Hair Transformations officer. Any alleged waiver of any breach of this Agreement by Hair Transformations shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by Hair Transformations in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Hair Transformations in printed form.