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TERMS & CONDITIONS

Last Updated: APRIL 28, 2022

This End User License Agreement and Terms of Service (collectively, these "Terms") constitutes a legal agreement between H&O International Inc. doing business as PERSEVE ("PERSEVE", "we", "our", or "us") and you that governs your access to, and use of, our website at www.persevehair.com ("Site"); and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this End User License Agreement and Terms of Service is provided (collectively, including the Site and App, our "Service"). These Terms are a legally binding contract between you and PERSEVE regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING OUR SITE OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE PERSEVE PRIVACY POLICY.

 

If you are not eligible, or do not agree to these Terms, then please do not use the Service.

You acknowledge and agree that, as provided in greater detail in these Terms:

  • your use of the Service may be subject to separate third party terms of service and fees which are your sole responsibility;

  • the Service is provided "as is" without warranties of any kind and PERSEVE's liability to you is limited;

  • disputes arising hereunder will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND PERSEVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Our rights will be determined by a neutral arbitrator and NOT a judge or jury, and your claims cannot be brought as a class action. Please review below for the details regarding your agreement to arbitrate any disputes with PERSEVE;

  • access to certain features of the service may require access to information as described in the PERSEVE Privacy Policy

1. Eligibility.

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2. Products Designs.

As part of the Service, any provision of a Design by PERSVE is in no way creating a production guarantee or commitment on behalf of PERSEVE. Certain Designs are for demonstration only and the actual Products you receive may differ from the Designs for many reasons, including, without limitation, PERSEVE's manufacturing requirements and specifications.

3. Accounts and Registration.

  • 3.1. PERSEVE Account. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at team@persevehair.com

4. Licenses

The terms of this Section 4 govern your acquisition and use of our Service.

  • 4.1. License Restrictions. You may not reproduce, distribute, publicly display, or publicly perform any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not: You may not use the Service for any purpose other than a purpose for which the Service are expressly designed. If you are prohibited under applicable law from using the Service, you may not use them.

  • 4.2. Feedback License. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvement to the Service ("Feedback" "Review"), then you hereby grant PERSEVE an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

5. General Payment Terms.

Certain features of the Service, including, without limitation, the ordering of Products, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are refundable if eligible to our Refund Policy.

  • 5.1. PERSEVE reserves the right to determine pricing for the Service, including the price of the Products. PERSEVE, at its sole discretion, may make promotional offers with different features and different pricing to any of PERSEVE's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

  • 5.2. You authorize PERSEVE or its third party payment processor to charge all sums for the orders of Products that you make and fees for the Service as described in these Terms or published by PERSEVE, to the payment method you provide us. If you pay any fees with a credit card, PERSEVE or its third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

  • 5.3. We require you to set up a valid payment method for your account. We reserve the right to charge your selected payment method for any amounts due under the Terms of Service or for any purchase or subscription amounts. If there is a problem with charging your selected payment method, we may charge any other valid payment method associated with your account. You authorize us to charge any payment method associated with your account, including if your selected payment method is declined or no longer available to use for payment. You are responsible for all purchases using the payment method associated with your account. "Payment method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

6. Ownership; Proprietary Rights.

The Service is owned and operated by H&O International Inc. The visual graphics, design, compilation, information, data, products, and all other elements of the Service (the "Materials") provided by PERSEVE are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service (including any and all Designs) and all intellectual property rights therein and thereto, are the property of PERSEVE or our third-party licensors. Except as expressly authorized by PERSEVE, you may not make use of the Materials. We reserves all rights to the Materials not granted expressly in these Terms.

7. Third-Party Terms.

  • 7.1. Third-Party Services and Linked Websites. PERSEVE may provide tools through the Service that enable you to export and import information to and from third party services, such as through our implementation of third party buttons. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

8. Privacy.

Please read the PERSEVE Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. This is hereby incorporated by reference into, and made a part of, these Terms.

9. Prohibited Conduct.

BY USING THE SERVICE YOU AGREE NOT TO, NOR PERMIT ANYONE ELSE TO, INDIRECTLY OR DIRECTLY:

  • 9.1. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, falsifying your age or date of birth, forging headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through the Service, or posting content in fields that are not intended for that content;

  • 9.2. use the Service (including the submission, transmission, modification, addition, or deletion of any content available through the Service) for any illegal or improper purpose, or in violation of any local, state, national, or international law, or for any purpose other than your personal, non-commercial purposes;

  • 9.3. violate, or encourage others to violate, the rights of PERSEVE or third parties, including by infringing or misappropriating any PERSEVE third party intellectual property or other proprietary rights;

  • 9.4. remove any copyright, trademark or other proprietary rights notices contained on the Service;

  • 9.5. post, upload, or distribute any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;

  • 9.6. interfere with security-related features of the Service, including, without limitation, by: (i) sharing use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique; (ii) participating in the Service if you are not the original recipient of a passcode or password; (iii) disabling or circumventing features that prevent or limit use or copying of any content; or (iv) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

  • 9.7. interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) sending unsolicited or unauthorized offers, advertisements, or other forms of solicitation to other users of the Service; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; or

  • 9.8. attempt to do any of the foregoing in this section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this section.
    The foregoing actions shall constitute a material breach of these Terms.

10. Content you submit to PERSEVE.

From time to time, PERSEVE may allow you to submit reviews, comments, photos, or similar materials to the Site (collectively, "Feedback" “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to us must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By submitting a Review to the Site, you hereby grant PERSEVE an unrestricted, assignable, sub licensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you submit to the Site, for any purpose, including promoting and marketing PERSEVE and the Products. You further grant PERSEVE a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you submit to the Site. By submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by PERSEVE through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you submit to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to PERSEVE the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you submit to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require PERSEVE to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by PERSEVE in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
PERSEVE reserves the right to select, in its sole discretion, and without notice, Reviews for inclusion among those featured on the Site. PERSEVE has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Review and remove, delete, redact or otherwise modify, in our sole discretion, at any time and from time to time, without notice or further obligation to you. PERSEVE has no obligation to display or post any Reviews, and if a Review has been displayed, PERSEVE has no obligation to maintain, monitor, or continue to display any Review. PERSEVE, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

11. Modifications to the Terms.

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Generally, modifications to the Terms are effective upon publication, provided that if the changed Terms materially modify your rights or obligations, the changes are effective upon the earlier of (a) your using the Service with actual knowledge of the change, or (b) your acceptance of the modified Terms, and further provided that disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose. If you do not accept the changed Terms, you may not continue to access and use the Service.

12. Term and Termination of these Terms.

  • 12.1. Term. As between you and PERSEVE, the term of these Terms commences as of your first use of the Service and continues until the termination of these Terms by either you or PERSEVE.

  • 12.2. Termination. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. You may terminate these Terms by sending written notification to PERSEVE at team@persevehair.com and terminating all other uses of the Service. We reserve the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Service. 

  • 12.3. Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer have access to your account; and (iii) any provision that by its nature or express terms should survive will survive such termination or expiration.

  • 12.4. Modification of the Service. PERSEVE reserves the right to change, suspend, or discontinue all or any part of the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without prior notice. We will have no liability whatsoever because of any change to the Service or any suspension or termination of your access to or use of the Service.

13. Indemnity.

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless PERSEVE or any of its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use or misuse of, or alleged use or misuse of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

14. Disclaimers; No Warranties.

  • 14.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. PERSEVE SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE ACCURATE, UP TO DATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

  • 14.2. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR USE OF SUCH MATERIALS.

  • 14.3. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING PERSEVE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT PERSEVE IS PROHIBITED FROM DISCLAIMING UNDER THE APPLICABLE LAW.

15. Health Related Information.

The information contained in the Service AND WITH THE PRODUCTS is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Service (including, but not limited to, information that may be provided on the Site OR WITH THE PRODUCTS) for diagnosing or treating a health problem or disease, or prescribing any medication or medical products. Information and statements regarding the Products, AND THE PRODUCTS THEMSELVES, have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.

16. Limitation of Liability.

  • 16.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSEVE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), IN EACH CASE WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERSEVE ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • 16.2. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSEVE BE LIABLE FOR ANY DIRECT DAMAGES ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

  • 16.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

17. Governing Law and Arbitration.

  • 17.1. These Terms shall be governed and interpreted in accordance with the laws of the State of New Jersey, U.S.A. without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. .

  • 17.2. YOU AND PERSEVE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The foregoing shall not prevent PERSEVE from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.

  • 17.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

18. Miscellaneous.

  • 18.1. Assignability.You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.

  • 18.2. No Waiver. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

  • 18.3. Interpretation. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.

  • 18.4. Severability. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

  • 18.5. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.

  • 18.6. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us and other users as further described in the PERSEVE Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  • 18.7 Contact Information. The Services hereunder are offered by H&O International Inc., 415 Bloomfield Drive, Suite 3, West Berlin, NJ 08091. You may contact us by sending correspondence to the foregoing address or by emailing us at team@persevehair.com.

  • 18.8 If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receiver further information regarding the use of the Service.

19. Entire Agreement.

These Terms, together with the PERSEVE Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and PERSEVE regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.

 

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