1 Changes to the Agreement.
Hair Clinic reserves the right to update or make changes to this Agreement from time to time and may provide you with notice of such changes by any reasonable means, including without limitation, by posting the revised version of this Agreement on the Site or in connection with the Services. You can determine when this Agreement was last revised by referring to the “LAST UPDATED” legend at the top of this Agreement. Your access to or use of the Site or Services following changes to this Agreement will constitute your acceptance of those changes. Any changes to this Agreement shall not apply to any dispute between you and Hair Clinic arising prior to the date on which Hair Clinic posted the revised version of this Agreement incorporating such changes or otherwise notified you of such changes.
2 Changes to the Site or Services.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site or Services, with or without notice; charge fees in connection with the use of the Site or Services; modify or waive any fees charged in connection with the Site or Services; or offer opportunities to some or all users of the Site or Services. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or of any Service, content, feature or product, in whole or in part. Your continued access to or use of the Site or Services after such changes will indicate your acceptance of such changes.
3 Application & Scope of this Agreement; Additional Terms.
This Agreement applies to all persons who access the Site and/or Service and all persons who use the Site and/or Service, regardless of whether such use is of free or paid portions of the Site and/or Service, in each case with respect to all uses of, and activities relative to, the Site and/or Services.
Your indication of your acceptance of this Agreement, whether express (e.g., clicking on an “I AGREE” and/or “SUMBIT” icon) or implicit (i.e., accessing or using any portion of the Site and/or Service) constitutes your consent to this Agreement. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of this Agreement. You hereby irrevocably waive any rights that you may have under any applicable law to use or receive physical copies of this Agreement.
When accessing or using certain parts of the Site and/or Services you may be asked to agree that you are subject to any additional terms and conditions posted by us on the Site or otherwise made available to you via the Service that are applicable to such parts of the Site and/or Services (“Additional Terms”). Additional Terms may also include terms posted on the Site and/or Services, including, for example:
- portions of the Site or Service that describe the fees, subscription periods, free trial periods or other specific terms that will apply to certain Paid Services;
- portions of applications or registration forms that specify qualifications or other requirements applicable to you as an applicant or registrant;
- rules, guidelines, manuals, policies and other documents posted on the Site and/or Services relating to proper use of various specific Services.
In the event of any conflict between this Agreement and any Additional Terms, the Additional Terms shall prevail with respect to the specific portion of the Site and/or Service with respect to which such Additional Terms apply. In all other cases, the Agreement shall prevail.
4 User Qualifications
The Site and Services are designed for adults 18 years of age or older. Users under the age of 18 are not permitted to use the Site or Services. This on-line courses are formatted especially for medical professionals, including Physicians (MD &DO), Registered Nurses (RN), Nurse Practitioners (NP), Physician Assistants (PA), and Dentists (DDS & DMD). BY ACCESSING OR USING THE SITE OR SERVICES, YOU AFFIRM THAT YOU ARE A MEDICAL PROFESSIONAL AND OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
By accessing, using and/or registering for and account on, the Site and/or Services on behalf of any third party (e.g. your employer) you are representing to us that you are an authorized representative of that third party and that your access, use and/or registration of or on the Site and Services on their behalf constitutes their acceptance of this Agreement.
Additional user qualifications may apply to specific Services, including for Members and Educators. There may be more than one category of Member or Educator and each category may have unique user qualifications. Additional categories of users may also be designated by Hair Clinic with unique qualifications for such users.
5 User Obligations & Responsibilities
You acknowledge and agree that you (and not Hair Clinic) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Site or Services, and paying all charges related thereto.
The quality (e.g., the resolution) of streaming content, as well as the download speed of downloadable content, may be affected by a variety of factors such as your location, the content being streamed or downloaded and the speed of your Internet connection. Hair Clinic makes no representation or warranty regarding access to content available through the Site or in connection with Services, including the quality of streaming content and the download speed of downloadable content.
Your ability to access the Site and/or any Services and the quality of your user experience may depend on whether you are using appropriate hardware and/or software to access and use the Site and/or Services. Hardware, software and other technological requirements suggested for optimal use of the Site and Services may be posted within the Site and/or Services, but Hair Clinic makes no representation, warranty or guarantee that you will be able to use the Site and Services even if you satisfy such requirements.
6 Rules of Conduct.
You must comply with all applicable laws, rules and regulations while accessing or using the Site and/or Services. In addition, we expect users to respect the rights and dignity of others. Your use of the Site and/or Services is conditioned upon your compliance with the rules set forth in this section. You must not:
- Post, transmit, or otherwise make available, through or in connection with the Site or Services,(a) anything that could be (i) threatening, harassing, discriminatory, degrading, hateful or intimidating; (ii) defamatory, fraudulent or otherwise tortious; (iii) obscene, indecent, pornographic or otherwise objectionable; or (iv) related to alcohol, wagering, gambling, tobacco products, ammunition or firearms; (b) anything that could give rise to criminal or civil liability (including any material protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right for which you do not have the express prior consent of the owner of such right or in violation of any contractual, fiduciary or other legal obligation), or that encourages conduct that would constitute a criminal offense; (c) any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is potentially harmful or invasive, or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;(d) any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” investment opportunity or other form of solicitation; or (e) any material, non-public information about a company or any securities or other financial instrument, without the proper authorization to do so.
- Use the Site or Services (a) to defame, abuse, harass, stalk, threaten, harvest or collect personally identifiable information, or otherwise violate the legal rights of others, including rights of privacy or publicity; (b) to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity, or state or imply that we endorse any of your statements or Submissions (as defined below); or (c) for any other fraudulent or unlawful purpose.
- Interfere with or disrupt the operation of the Site or Services or the servers or networks used to make the Site or Services available (including by taking any action that imposes an unreasonable or disproportionately large load upon the Site or in connection with the Services or upon such servers or networks) or violate any requirements, procedures, policies or regulations of such servers or networks.
- Restrict or inhibit any other person from using the Site or Services (including by hacking or defacing the Site).
- Use the Site or Services to advertise or offer to sell or buy any goods or services without Hair Clinic’s express prior written consent.
- License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or exploit for any commercial purposes the Site or Services or any access to or use of the Site or Services.
- Modify, adapt, make derivate works of, translate, reverse engineer, decompile or disassemble the Site or Services.
- Remove any copyright, trademark or other proprietary rights notice from the Site or Services or any materials available through the Site or Services.
- Frame or mirror any part of the Site or Services without Hair Clinic’s express prior written consent.
- Systematically download or store content from the Site or Services.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather content of the Site or in connection with the Services or reproduce or circumvent the navigational structure or presentation of the Site or Services without Hair Clinic’s express prior written consent. Notwithstanding the foregoing, Hair Clinic grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Hair Clinic reserves the right to revoke these exceptions either generally or in specific cases.
We may terminate your use of the Site or Services for any conduct that we consider to be inappropriate, or for your breach of this Agreement, including the Rules of Conduct set forth above (including, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site or Services).
7 Privacy; How We Use Personal Information Submitted Through the Site and/or Services.
8 Hair Clinic’s Proprietary Rights; Your Limited Right to Use Hair Clinic Content
We and/or our licensors, sponsors, partners, advertisers, content providers or other third parties own the information and materials made available through the Site and/or Services, including, without limitation, (i) the Hair Clinic’s and third-party trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Hair Clinic Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork that appears on the Site and/or Services (including all content of Programs), and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the Site and/or Services (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “Hair Clinic Content”). Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute or create derivative works based on, all or any part of the Site or Services or any Hair Clinic Content or other information or materials made available through the Site or Services. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any Hair Clinic Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the Hair Clinic or the owner of such content if the Hair Clinic is not the owner. Any use of the Hair Clinic Marks without the Hair Clinic’s express written consent or as expressly permitted by this Agreement is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Hair Clinic Content, including any such notices appearing on any Hair Clinic Content you are permitted to download, transmit, display, print, or reproduce from the Site and/or Services. Nothing contained on the Site or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Hair Clinic Content without the express prior written consent of the owner.
Subject your compliance with all terms of this Agreement, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to use HAIR CLINIC Content made available to you by the proper and intended functionality of the Site and Services and to print a single hard copy or download a single electronic copy for your personal use only of any materials made available on the Site and Service for printing or download, as applicable.
9 Third Party Content; Links.
Hair Clinic shall have the right, at any time, to block links to the Site or Services through technological or other means without prior notice.
10 Accuracy of Information; Products, Content and Specifications.
Without limiting the generality of any other provisions of this Agreement, the content provided through the Site and/or in connection with the Services (including Hair Clinic Content and Third Party Content) is designed to only provide information on the subject matter covered. However, such content provided on or in connection with the Site or Services may be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such content, including all descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site or Services. Such content is also subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only.
The Site and/or Services may contain advertisements of third parties. The inclusion of advertisements on the Site and/or Services does not imply endorsement of the advertised products, information or services by the Hair Clinic or any Hair Clinic Entities. The Hair Clinic shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the Site and/or Services. Further, the Hair Clinic shall not be responsible or liable for the statements or conduct of any third party advertisers appearing on the Site and/or Services. If you decide to access any of the third party sites linked to the Site and/or Services (including via any links in any banner advertisements displayed on the Site and/or Services), you do so entirely at your own risk. You shall be solely responsible for any correspondence or transactions you have with any third party advertisers.
12 Paid Services; Fees; Payments.
General. If you purchase any of our Services that are provided for a fee (“Paid Services”), you agree to pay us the applicable fees and taxes as stated within the Site and/or Services at the time of purchase. Failure to pay these fees may result in the termination of your access or subscription to the Paid Services. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). You must pay us for applicable fees and taxes unless you cancel the Paid Service, in which case you agree to still pay these fees through the end of any applicable subscription period. This Agreement describes additional terms applicable to certain types of fees and payments, but nothing herein shall restrict Hair Clinic from charging or using other types of fees and payment methods.
Credit/Debit Card and other Payment Transactions. Hair Clinic reserves the right to accept or discontinue acceptance of any payment method for any Paid Service or other fee or charge from time to time without notice. Hair Clinic may accept a given payment method from some users but not others, depending on credit risk or other factors. If you wish to purchase any Paid Service (whether via the Site or Services or via telephone, mail-order, telemarketing efforts, customer service representatives, account representatives or other sales channels) (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit/debit card, bank account information (for electronic check or ACH payments), your billing address, your shipping information and/or your email address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Hair Clinic the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. We are not responsible for any fees or charges your bank or credit/debit card issuer may apply. If your credit/debit card issuer or bank reverses or refuses a charge to your credit/debit card or bank account, we may bill you directly and seek payment by another method such as a mailed statement. We may also cease providing Paid Services to you if we are unable to collect fees that are due.
Refunds/Exchanges/Credits. Refunds and exchanges will be subject to Hair Clinic’s refund and exchange policies in effect at the time of the attempted refund or exchange . Course fees are non-refundable.
13 INFORMATIONAL NATURE OF THE SITE: NO MEDICAL ADVICE
THE CONTENT PROVIDED THROUGH THE SITE AND/OR OR IN CONNECTION WITH THE SERVICES IS DESIGNED TO PROVIDE PRACTICAL AND USEFUL INFORMATION ON THE SUBJECT MATTER COVERED.
WHILE SUCH CONTENT MAY CONCERN MEDICAL ISSUES, HEALTH ISSUES OR OTHER ISSUES RELATED TO PROFESSIONAL MEDICAL SERVICES, SUCH CONTENT IS NOT, AND SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE. THIS INFORMATION SHOULD NOT BE USED IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT BY LICENSED PRACTITIONERS. HAIR CLINIC DOES NOT PRACTICE MEDICINE OR ANY OTHER PROFESSION, AND DOES NOT OFFER ANY OTHER PROFESSIONAL ADVICE OR SERVICES. YOU ASSUME FULL RESPONSIBILITY FOR APPROPRIATE USE OF THE INFORMATION AVAILABLE THROUGH THE SITE AND SERVICES.
THE INFORMATION PROVIDED ON THE SITE AND SERVICES IS NO SUBSTITUTE FOR INDIVIDUAL PATIENT ASSESSMENT BASED UPON THE HEALTHCARE PROVIDER’S EXAMINATION OF EACH PATIENT AND CONSIDERATION OF LABORATORY DATA AND OTHER FACTORS UNIQUE TO THE PATIENT. CONTENT PROVIDED ON THE SITE AND SERVICES SHOULD BE USED AS A TOOL TO HELP EDUCATE THE LICENSED MEDICAL PRACTITIONER ON VARIOUS DIAGNOSTIC AND TREATMENT INFORMATION, BEARING IN MIND THAT INDIVIDUAL AND UNIQUE CIRCUMSTANCES MAY LEAD THE PRACTITIONER TO REACH DECISIONS NOT PRESENTED IN THE INFORMATION PROVIDED ON THE SITE AND SERVICES.
USE OF THE SITE AND/OR SERVICES IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, A SOLICITATION FOR THE FORMATION OF A DOCTOR-PATIENT RELATIONSHIP. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED THROUGH YOUR USE OF THE SITE OR SERVICES. MOREOVER, NEITHER RECEIPT OF INFORMATION PRESENTED ON THE SITE OR IN CONNECTION WITH THE SERVICES NOR ANY EMAIL OR OTHER ELECTRONIC COMMUNICATION SENT THROUGH THE SITE OR IN CONNECTION WITH THE SERVICES WILL CREATE A DOCTOR-PATIENT RELATIONSHIP, AND ANY SUCH EMAIL OR COMMUNICATION WILL NOT BE TREATED AS CONFIDENTIAL.
FOR ALL OF THE REASONS DESCRIBED ABOVE, YOU SHOULD NOT ACT OR REFRAIN FROM ACTING ON THE BASIS OF ANY CONTENT INCLUDED ON THIS SITE OR IN CONNECTION WITH THE SERVICES WITHOUT SEEKING LEGAL ADVICE OF COUNSEL IN THE RELEVANT JURISDICTION, THE ADVICE OF A COMPETENT MEDICAL PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER AND/OR EMPLOYING YOUR OWN INDEPENDENT JUDGEMENT AS A COMPETENT MEDICAL PROFESSIONAL IN THE APPLICABLE SUBJECT MATTER, AS APPLICABLE. HAIR CLINIC EXPRESSLY DISCLAIMS ALL LIABILITY IN RESPECT OF ACTIONS TAKEN OR NOT TAKEN BASED ON ANY CONTENT OF THIS SITE OR IN CONNECTION WITH THE SERVICES.
14 DISCLAIMER OF WARRANTIES.
THE SITE, SERVICES AND ANY GOODS OR SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE OR SERVICES. THE HAIR CLINIC ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, SERVICES AND ANY GOODS OBTAINED OR MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE.
WHILE WE TRY TO MAINTAIN THE INTEGRITY AND SECURITY OF THE SITE AND SERVICES AND THE SERVERS FROM WHICH THE SITE AND SERVICES ARE OPERATED, WE DO NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, OR THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED. THE SITE OR SERVICES MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, THIRD PARTIES MAY MAKE UNAUTHORIZED ALTERATIONS TO THE SITE OR SERVICES.
15 LIMITATION OF LIABILITY.
THE HAIR CLINIC AND HAIR CLINIC ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, DAMAGES FOR LOSS OF PROFITS, USE, OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, WHETHER UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, AND EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, THE HAIR CLINIC AND HAIR CLINIC ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR SERVICES, OR FROM ANY CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICES BY HAIR CLINIC OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR SERVICES IS TO STOP USING THE SITE OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT HAIR CLINIC HAS OFFERED THE SITE AND SERVICES AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HAIR CLINIC AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HAIR CLINIC. HAIR CLINIC WOULD NOT BE ABLE TO PROVIDE THE SITE OR SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless each of the Hair Clinic Entities from and against all claims, losses, costs and expenses (including attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site or Services; (b) any violation or alleged violation of this Agreement by you; or (c) any claim that any of your Submissions or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity, or violation of any right related to the foregoing. The Hair Clinic will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the Hair Clinic Entities other than under this Section.
17 Term and Termination.
This Agreement is effective until terminated. Hair Clinic may terminate your access to or use of the Site or Services, at any time and for any reason, including if Hair Clinic believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to access or use the Site or Services will immediately cease. You agree that any termination of your access to or use of the Site or Services may be effected without prior notice, and that Hair Clinic may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that Hair Clinic shall not be liable to you or any third party for any termination of your access to the Site or Services or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
18 Governing Law and Arbitration
This Agreement is governed by the laws of Serbia, without regard to its conflicts of law provisions, and regardless of your location. Neither the Uniform Computer Information Transaction Act or the Uniform Commercial Code nor the United Nations Convention on Contracts for International Sale of Goods apply and their applicability is expressly excluded. ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND HAIR CLINIC, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND, BY YOUR ACCESS TO OR USE OF THIS SITE OR SERVICES, YOU AGREE THAT YOU AND HAIR CLINIC ARE EACH WAIVING OUR RIGHT TO TRIAL BY A JURY. BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND, BY YOUR ACCESS TO OR USE OF THE SITE OR SERVICES, YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the Serbian Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. Any in-person hearings or appearances shall be held in Belgrade, Serbia. Arbitration proceedings shall be conducted in a manner that preserves confidentiality. The arbitrator’s decision shall follow this Agreement and shall be final and binding. The arbitrator shall have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
19 Statute of Limitations.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site and/or Services must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
20 Jurisdictional Issues.
The Site and the Services are controlled and operated by Hair Clinic doo Beograd from Belgrade, Serbia, and are not intended to subject Hair Clinic to the laws or jurisdiction of any state, country or territory other than that of Serbia. Hair Clinic neither represents nor warrants that the Site or the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than Serbia. In choosing to access the Site or Services from any jurisdiction outside Serbia, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. You are also subject to the Serbian export controls and are responsible for any violations of such controls, including any Serbian embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Site or the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services described on the Site or the Services are available in all states, territories or jurisdictions.
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Hair Clinic. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent, and any prohibited assignment, transfer or sublicense is void. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and Hair Clinic relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Hair Clinic relating to such subject matter. Notices to you may be made via posting to the Site or through the Services, by e-mail, or by regular mail, in Hair Clinic’s discretion. The Site or Services may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Hair Clinic will not be responsible for failures to fulfill any obligations due to causes beyond its control.
PROGRAM REGISTRATION TERMS AND CONDITIONS
Please read this Course Program Registration Terms and Conditions agreement (the “Agreement”) carefully as it applies to your use of online services and digital products of Hair Clinic doo Beograd (“Hair Clinic” or “we” or “us”), including but not limited to the Hair Clinic website located at https://pdoscalpthreading.com/ and https://hairclinicbalkan.com/ and all subdomains thereof (the “Site”), mobile applications offered by Hair Clinic and all features, content and products and services thereof, software and other downloads (collectively, the “Services”). Your use of the Site and Services is governed by this Agreement regardless of how you access the Site or Services, including but not limited to, through the Internet, Wireless Access Protocol (commonly referred to as “WAP”), a mobile network or otherwise. Hair Clinic and its affiliates, licensors, independent contractors, and service providers and their respective directors, officers, employees, representatives, successors and assigns, are referred to in this Agreement collectively, with Hair Clinic, as the “Hair Clinic Entities”.
22 Refund Policy.
All Program registration fees paid to Hair Clinic doo Beograd are nonrefundable.
23 Pricing Policy.
The Program registration fee(s) may only be made via credit card or PayPal. No other form of payment(s) will be acceptable.
24 Cancellation Policy.
Hair Clinic doo Beograd reserves the right to cancel a course program for any reason and does not take responsibility for any associated fees. Course program date(s), Educators and program materials are subject to change without further notice.
25 Release of Liability
User/Member hereby releases and discharges Hair Clinic doo Beograd and their respective directors, principals, members, faculty, Educators, volunteers, servants and agents, including their successors and assigns, from any and all actions, claims and demands for damages, loss or injury, howsoever arising from this Course Program including but not limited to the Course Program content, training materials, personal, professional, educational, and/or medical advice, feedback, comments, and/or recommendations.
Hair Clinic doo Beograd assumes no responsibility for any consequences from the application of any information provided by the Hair Clinic, its’ members, staff, Educators training materials, website, and personal communications.
26 Company information
Unless otherwise specified, Hair Clinic doo Beograd refers to:
Hair Clinic doo Beograd
Koce Kapetana 35
email : firstname.lastname@example.org
tel : +381668093886
This website and the information contained herein are Copyright (c) Hair Clinic doo Beograd 2021. All rights to the information are held by Hair Clinic doo Beograd. You may not re-use, copy, export, transport or otherwise republish the information in any way without the prior permission of Hair Clinic doo Beograd.
29 Contact Us.
If you have any questions regarding the meaning or application of this Agreement, please direct such questions to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.