Terms of Service
Welcome to the V’s Barbershop website (the “Site”). By accessing the Site, you agree that you have read, understand, acknowledge, and agree to comply with: our Terms of Use. The terms “V’s Barbershops” or “us” or “we” or “our” refers to V’s Barbershop Holdings, LLC, and its subsidiaries, affiliates, partners, agents, attorneys, officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. We reserve the right to terminate or suspend your ability to use or access the Site or any portion thereof for any reason whatsoever.
applicable law / jurisdiction / venue:
The Terms of Use were created in Arizona and shall be treated as though it were executed and performed in Arizona, where V’s Barbershop is based and operates, and shall be governed by and construed in accordance with the laws of the State of Arizona without regard to conflict of law principles. You agree that any claim or dispute you may have arising out of or related to the Site including, without limitation, your use of the Site, the Site’s Contents and Materials, information you provided to the Site, and/or these Terms of Use and any legal notices on this Site must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Maricopa, in the State of Arizona.
terms of use
modifications:
V’s Barbershops reserves the right to change, modify, or otherwise alter the Terms of Use at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use on our Site. Please review the Terms of Use periodically as they are subject to change. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use shall constitute your acceptance to comply with and be bound by the revised Terms of Use.
accounts and registration:
Certain sections of the Site may require you to provide personal information in order to access and/or use certain features, functions or services of the Site or to participate in promotions that we sometimes offer. If information is requested, you agree to provide us with accurate, complete registration information. Our Privacy Policy describes the personal information we collect, use, manage, disclose and store. Any information provided on the Site is for your personal use only. You may not allow any other person or entity to use your user name or password (to the extent that one is required). V’s Barbershops is not liable for any damages, injury, losses or harm caused by or related to the theft, appropriation, or any misuse or disclosure of your account information including your user name or password.
text marketing and notifications:
By consenting to V's Barbershop’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at emilyb@vbarbershop.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://vbarbershop.com/pages/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing V's Barbershop products or services, you agree that any controversy, claim, action, or dispute between you and V's Barbershop arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of V's Barbershop’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Maricopa County, Arizona, Arizona, United States but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Arizona, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of V's Barbershop’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 2320 West Mission Lane, Ste 3 Phoenix, AZ 85021. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with V's Barbershop. You are responsible for ensuring V's Barbershop’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and V's Barbershop agree that you may bring or participate in Claims against V's Barbershop only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and V's Barbershop agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
owner of intellectual property:
The contents of this Site, including all software, text, characters, images, videos, photographs, designs, illustrations, audio and video files, artwork, graphics, databases, logos, proprietary information, and copyrightable or otherwise legally protective elements of the Site, and all trademarks, service marks, and trade names (collectively the “Materials”) are the property of V’s Barbershops and/or its subsidiaries, licensors, affiliates, assigns, or other respective owners. The Materials are protected under copyright law and the copying, redistribution, use or publication by you of the Materials or any part of the Site, except as allowed by Section 5 below, is strictly prohibited.
limited license; permitted uses:
You are granted a non-exclusive, non-transferable, non-assignable revocable license (a) to access and use the Site strictly in accordance with these Terms of Use and any other legal notices on this Site; (b) to use the Site solely for personal and non-commercial purposes; and to print out or copy discrete information from the Site solely for personal and non-commercial purposes and provided that you maintain all copyright and other policies contained therein.
submission of information by you:
Portions of this Site may be developed to permit you and others to submit, distribute, transmit, upload, post or exchange information, opinions, ideas, messages, drawings, emails, photographs, profiles, video and audio files, text, images, or other materials or information onto the Site (“Postings”). You are solely responsible for your Postings. You may not post, submit, upload or otherwise transmit any graphics, text, messages, photographs, images, audio or video files, artwork or other content or information onto the Site that: (i) contains a virus or other harmful component or otherwise interferes with, impairs or damages the Site and any individual’s or entity’s use or enjoyment of the Site; (ii) infringes or violates the right of any individual or entity including, without limitation, any right of privacy, any copyright, trademark, patent, trade secret, or other proprietary or intellectual property right, or any contractual rights; (iii) is abusive, offensive, hateful, racist, disruptive, antisocial, defamatory, threatening, violent, vulgar, sexually explicit, pornographic, slanderous or otherwise harmful.
You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation in any form.
V’s Barbershops possesses the right to use, delete, exploit and distribute any Posting in any manner and at our sole discretion. We shall not be required to pay you or any person or entity any form of compensation for our exploitation, distribution or otherwise use of your Posting or any ideas, concepts, or other information or content in the Posting. Upon your submission of a Posting to the Site, it shall become the property of V’s Barbershops and you authorize us to use the Posting in whole or in part, throughout the universe, in perpetuity in or on any media in any manner without any compensation to you or any person or entity.
V’s Barbershops does not monitor, edit or screen any Postings but reserves the right to do so in the future. Postings do not reflect the views or opinions of V’s Barbershops. You acknowledge, understand and agree that V’s Barbershops shall neither assume nor has any responsibility or liability for any Postings or for any claims, damages, injury or losses resulting from the Postings, their use and/or appearance on the Site.
links to other websites / social media:
The Site may contain links to other websites and/or social media platforms including Facebook and Twitter. These links are provided solely as a convenience to you and are not endorsements of these website and/or social media platforms or any products or services available from such websites. These websites may have privacy policies different than our Privacy Policy.
errors, corrections and changes:
V’s Barbershops does not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time.
copyrights:
V’s Barbershops respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us the following information as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, (“DMCA”) 17 U.S.C. § 512: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site; (d) Your name, physical address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, his/her/its agent, or the law; and (f) 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 authorized to act on the copyright owner’s behalf. Our contact for notice of claims of copyright infringement on the Site is emilyb@vbarbershop.com.
disclaimer:
THIS SITE IS INTENDED FOR INFORMATIONAL OR MEN’S BARBERSHOP SERVICE PURPOSES ONLY. THE CONTENT, MATERIALS, AND ANY OTHER INFORMATION IN THIS SITE IS NOT INTENDED TO CONSTITUTE LEGAL OR PROFESSIONAL ADVICE. YOUR USE, ACCESS, OR BROWSING OF THIS SITE IS PERFORMED AT YOUR OWN RISK. THE INFORMATION, CONTENT, AND MATERIALS FROM, IN OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
limitation of liability:
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT V’S BARBERSHOPS SHALL NOT BE LIABLE FOR ANY CLAIMS FOR INJURY, LOSS OR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR FROM THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH IN THIS AGREEMENT ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN V’S BARBERSHOPS AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
contact us
If you have any questions regarding our privacy practices, you can telephone or write to us at V’s Barbershop. Our contact information is:
Emily Brown
Chief Operations Officer – V’s Barbershop
2320 West Mission Lane, Ste 3
Phoenix, AZ 85021
emilyb@vbarbershop.com