Hair Care ChairResults User Agreement



PLEASE READ THIS TERMS OF USE AGREEMENT (THE "AGREEMENT" ) CAREFULLY BEFORE ACCESSING OR PARTICIPATING IN ANY FACILITY, BULLETIN BOARD, MAILING LIST, WEBSITE, TRANSACTION OR OTHER ON-LINE FORUM, OR SERVICE MADE AVAILABLE BY ChairResults.com (“ChairResults”) AT ENTRY-POINT URL (www.ChairResults.com) AND ITS RELATED WEBSITES ("SITE" or “SITES). BY USING AND PARTICIPATING IN THE SITE, YOU SIGNIFY AND ACKNOWLEDGE THAT YOU HAVE READ THE AGREEMENT AND ACKNOWLEDGE THAT THE AGREEMENT CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN YOU AND ChairResults, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THE AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND THEREBY, PLEASE DO NOT ACCESS THE SITE.

This Agreement is accepted upon your use of the Site under domain name www.ChairResults.com or any of the Services made available by ChairResults or is further affirmed by you by signing up as a Registered Guest or User/Member. This Agreement constitutes the entire agreement between you and ChairResults regarding the use of the Sites. The failure of ChairResults to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The headings and subtitles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any the remaining provisions.

The purpose of this Agreement is to communicate activities which are considered for proper use of the Site, as well as activities which are prohibited. This Agreement outlines the conditions in which the Site operates. If for any reason you do not accept any of the terms or conditions outlined in this Agreement, we encourage you to discontinue use of the Site.

1. User Agreement Modifications ChairResults reserves the right to change or modify the Agreement at its sole discretion at any time. Any change or modification to the Agreement will be effective immediately upon posting by ChairResults. For any material changes to the terms of use in the Agreement, ChairResults will take reasonable steps to notify you of such changes. In all cases, your continued use of the Site after publication of such modifications, with or without notification, constitutes binding acceptance of this modified Agreement. It is your responsibility to review this Agreement regularly to ensure you are updated as to any changes.

2. Term of Agreement This Agreement shall remain in full force and effect while you use the Site and the services of ChairResults or as a Registered Guest/Member of ChairResults. You have the right to terminate your membership at any time, for any reason, without liability for doing so by following the instructions on the Notice page.

You agree that ChairResults in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason and that none of the officers, agents, partners, executives, employees or directors of ChairResults shall have any liability to you for any such action. You further acknowledge that for the purpose of use of the services of ChairResults your relationship with ChairResults is as defined in these Terms of Use Agreement.

You agree that even after Membership is terminated, this Agreement in whole will remain in effect.

3. Age Restrictions Registration and use or participation on the Site is restricted to those individuals over 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on the Site, you hereby represent that you are over 18 years of age and have the authority to enter into the terms herein. In any case, you affirm that you are over the age of 13 as the Site is not intended for children under 13. If you do not qualify or do not agree to these terms, you may not use the Site.

4. Disclaimer Sites may include forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the User Content (as defined below) on these Sites, nor any links to other websites, are screened, moderated, approved, reviewed or endorsed by ChairResults. By posting to or viewing such forums, you agree that ChairResults and any of its participating institutions are not responsible or liable for the content of any postings therein. ChairResults reserves the right (but not the obligation) to remove any content from such forums in its discretion.

5. Links to Other Sites The Sites may include hyperlinks to sites maintained or controlled by others (“third party sites”). Neither ChairResults or the ChairResults Parties (as defined below) are responsible for nor do they routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these third party sites and you may enter these third party sites at your own risk.

6. Rules for Online Conduct You agree to use the Sites in accordance with all applicable laws. Further, you agree that you will not use the Sites for organized partisan political activities. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Sites, or on any other ChairResults social networking resources:

• Content that defames, harasses or threatens others • Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities • Content that infringes or misappropriates another's intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets • Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties • Material that contains obscene (i.e., pornographic) language or images • Content that otherwise harms other users or visitors to the Sites • Content that is otherwise unlawful or that violates any applicable local, state, national or international law. • Content that probes, scans, or tests the vulnerability of any system or network. • Content that breaches or otherwise circumvents any security measures. • Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Sites • Content that plants malware or otherwise uses the Sites to distribute malware

Although ChairResults does not routinely screen or monitor content posted by users to the Sites, ChairResults reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Sites, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit any portion of the Sites other than as expressly allowed under this Agreement; (b) use ChairResults’ name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools); (d) frame the Sites, place pop-up windows over its pages or otherwise affect the display of its page; or (e) interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.

Finally, you agree that you will not access or attempt to access any other user's account, or misrepresent or attempt to misrepresent your identity while using the Sites.

7. Service Charge You agree ChairResults has the right to charge for services offered by ChairResults. ChairResults reserves the right to charge or change fees at its own discretion. In the event ChairResults terminates your account for any breaches in this Agreement you will not be entitled to a refund for any unused portion of the services.

8. Password When you login to your account for the first time, you will receive an email confirmation of your new account with ChairResults, and will be asked to choose a password. As such, you agree to be entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Registered User/Member at any time or to disclose your password to any third party. You agree to notify ChairResults immediately at [place email address] if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any use of your account and password.

9. Indemnity You agree to indemnify and hold ChairResults, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CitiChairResults Services in violation of this Agreement and/or arising from a breach of any of the terms, representations and warranties as set forth in this Agreement and/or if any content that you post on the Site or through the Services ChairResults causes ChairResults to be liable to another or third person.

10. Disclaimer of Warranty / Limitation of Liabilities
THE SITE AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ChairResults AND ITS SUBSIDIARIES, AND AFFILIATES, AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS AND EMPLOYEES, (THE “ChairResults PARTIES”) DO NOT WARRANT, AND HEREBY DISCLAIM ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF ANY INFORMATION OBTAINED FROM THE SITE, OR LINK TO ANY WEBSITE. THE ChairResults PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE ChairResults PARTIES DO NOT WARRANT THAT (A) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE SITE WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN THE SITE WILL BE CORRECTED. NONE OF THE ChairResults PARTIES MAKE ANY REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SITE, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE SITE MAY BE IMPAIRED. THE ChairResults PARTIES DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR THE ACCESS OR USE OF THE SITE OR ANY INFORMATION OR SERVICES RELATED TO IT.

YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SITE OR SUCH INFORMATION OR SERVICES IS AT YOUR OWN RISK.

EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT THE ChairResults PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OF USE IN THE AGREEMENT OR YOUR (OR ANY THIRD PARTY'S) USE OR INABILITY TO USE THE SITE, DATA LOSS, YOUR PLACEMENT OF CONTENT ON A SITE, YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, OR ANY OTHER POTENTIAL CLAIMS RELATED TO THE SITE.

EXCEPT AS PROHIBITED BY LAW, THE ChairResults PARTIES WILL NOT HAVE LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THE TERMS OF USE OF THE SITE, YOUR USE OR INABILITY TO USE THE SITE, DATA LOSS, ANY PURCHASES ON THIS SITE, YOUR PLACEMENT OF CONTENT ON A SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, EXCEPT ONLY IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY. ChairResults’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE SITE WILL NOT EXCEED THE TOTAL AMOUNT OF FEES RECEIVED BY ChairResults FROM THE USER FOR THE USE OF THE SITE DURING THE PAST 12 MONTHS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ChairResults PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO ChairResults ABILITY TO MAKE THE SITE AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE OR AGAINST ChairResults MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


11. Copyrights Policy It is the sole responsibility of the Registered Member or Publisher or User to ensure he\she is uploading and publishing genuine work which he\she has created from scratch and/or have full permission to sell for profit from the legal owner of uploaded material. ChairResults forbids any and all acts of copyright infringement and failure to comply can result up to, but not excluding, account termination. If you are not completely confident or fully aware that material you, or another controller of your ChairResults account, uploaded to the Site does not infringe upon the Copyright or Trademark or Patent of others please remove immediately. Do not upload any files to the ChairResults Site containing work that is not your own or which you have not received full permission of the creator or owner to recreate and/or distribute.

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on the Site infringe your copyright, you (or your agent) may send ChairResults a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow ChairResults to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Site should be by clicking through this link:

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. User Material Submission The Site may provide you with the ability to upload certain information, text, or materials, including without limitation, any information, text or materials you post on the Sites’ public forums (“User Content”). With respect to User Content you submit or otherwise make available in connection with your use of the Site, and subject to the Privacy Policy, you grant ChairResults a fully transferable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, sublicense, reproduce, modify, adapt, publicly perform and publicly display such User Content. To the extent that you provide User Content, you represent and warrant to ChairResults that (a) you have all necessary rights, licenses and/or clearances to provide and use User Content and permit ChairResults to use such User Content as provided above; (b) such User Content is accurate and reasonably complete; (c) as between you and ChairResults, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content and (d) such User Content does not and will not infringe or misappropriate any third party rights (including without limitation privacy, publicity, intellectual property and any other proprietary rights, such as copyright, trademark and patent rights) or constitute a fraudulent statement or misrepresentation or unfair business practice.

The Site may also provide you with ability to upload or send information to ChairResults regarding the Site or related services (“Feedback”). By submitting the Feedback, you hereby grant ChairResults an irrevocable license to use, disclose, reproduce, distribute, sublicense, prepare derivative works of, publicly perform and publicly display any such submission.

13. Posting Policy You agree not to post any materials in its original or modified form without obtaining written consent from the copyright/trademark/patent owner to do so. The term "Post" or "Posting" refers to any action where a file is being uploaded to the Site and/or any information, personal or non personal, submitted to the Site . It is the sole responsibility of the publisher and/or registered member to ensure he/she is only uploading and publishing genuine work which he/she has created from scratch and/or have full permission to sell for profit from the legal owner such uploaded material. ChairResults has the right but not obligated to randomly access and review all material uploaded to the Site to ensure posted material meets the guidelines set forth in this Agreement. ChairResults, at own discretion, has the right to remove any posted material from the Site with or without cause. ChairResults has the right to terminate any or all Membership privileges of users who infringes the copyright, trademark or patent rights of others when ChairResults is presented with adequate notifications by the copyright, trademark or patent owner or the copyright, trademark or patent owner's legal agent. If you believe your copyright, trademark or patent has been infringed upon using ChairResults services, please refer to paragraph 11 of the Copyright Policy and click the "Report this Item" link or the homepage link of the publisher and explain the situation in the comments field. Please include your contact information and the contact information of your legal agent.

You are expected to carefully select the information you post on ChairResults, as well as information which you provide to other ChairResults Users. Profiles posted by ChairResults may not include the following items: street addresses, telephone numbers, and any photographic material containing nudity, or excessively violent, harassing, obscene, lewd, sexually explicit or otherwise objectionable subject matter. If you become aware of misuse of the ChairResults Services by any person, please contact ChairResults through [state email address] or click on the "Report This Item" link at the bottom of any Material or Profile page.

You understand that all information posted on ChairResults may not be correct or accurate and agree not to hold ChairResults or ChairResults Parties responsible whether caused by Users of ChairResults services or by programming associated with or utilized by the ChairResults services. ChairResults is not responsible for opinions expressed on the Sites and ChairResults is not responsible for investigating, checking or monitoring for accuracy or completeness of data posted. You understand that ChairResults Users may post links to other sites and if you decide to visit third party websites linked from our Site you do so at your own risk. You agree that ChairResults is not responsible for advertisements or purchases from third party sites.

You understand that information posted by other ChairResults Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ChairResults assumes no responsibility or liability for this material. If you become aware of misuse of the services of ChairResults by any person, please click on the "Report This Item" link at the bottom of any Material or Profile page and submit a complaint.

You agree that ChairResults reserves the right, in its sole discretion, to deny, refuse, reject to post or remove any private messages or postings by you, or to restrict, suspend, or terminate your access to all or any part of the ChairResults Services at any time, with or without any reason, with or without prior notice, and with no liability. You agree ChairResults will always have the right to remove your profile and/or restrict, suspend, or terminate your access to any part of services of ChairResults if ChairResults determines, in its sole discretion, that you pose a threat to ChairResults, its Users, yourself and/or others.

14. Choice of Law/Forum Selection

Sites are managed by ChairResults, located in [ENTER COUNTY AND STATE]. You agree that any dispute arising out of or relating to any of the terms contained in this Agreement or any content posted to a Site, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Minnesota, U.S.A, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving [ENTER COUNTY AND STATE] as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either ChairResults or You may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider under the Minnesota State Court System, mutually agreed upon by You and ChairResults. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, online, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.