Welcome to the The Barbershop A Hair Salon for Men website (the “Site”). By accessing the Site, you agree that you have read, understand, acknowledge, and agree to comply with our Terms of Use and Privacy Policy included herein. The terms “The Barbershop A Hair Salon For Men” or “The Guys’ Place A Hair Salon For Men” or “us” or “we” or “our” refers to The Barbershop A Hair Salon For Men, 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 and Privacy Policy were created in Wisconsin and shall be treated as though it were executed and performed in Wisconsin, where we are, and shall be governed by and construed in accordance with the laws of the State of Wisconsin 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 Privacy Policy are governed by Wisconsin law and 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 Brown, in the State of Wisconsin.
We reserve the right to change, modify, or otherwise alter the Terms of Use or Privacy Policy at any time and at our sole discretion without specific notice to you and will post any updates to the Terms of Use or Privacy Policy on the Site. Your continued use of the Site following any changes, modifications, or other alterations to the Terms of Use or Privacy Policy shall constitute your acceptance to comply with and be bound by the revised Terms of Use and Privacy Policy.
ACCOUNTS AND REGISTRATIONS:
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 and complete 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). We are 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.
OWNERSHIP OF INTELLECTUAL PROPERTY:
The contents of the 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 our property. 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 here, 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 Privacy Policy and any other legal notices on the 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.
We possess 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 our property of 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.
We do not monitor, edit or screen any Postings but reserve the right to do so in the future. Postings do not reflect our views or opinions. You acknowledge, understand and agree that we shall neither assume nor have 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:
We do 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:
We respect 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 bbowe@thebarbershops.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 THE BARBERSHOP A HAIR SALON FOR MEN 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 THE BARBERSHOP A HAIR SALON FOR MEN AND YOU. THIS SITE AND THE CONTENT THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
We want you to enjoy every visit to the Site. Any information you share with us will be guarded through our use of industry-standard security software. Our Privacy Policy applies only to personal information collected online at www.thebarbershops.com and does not apply to information collected offline by us.
In order to better provide you with products and services offered, we may collect personally identifiable information, such as your: (a) first and last name; (b) mailing address; (c) e-mail address; (d) phone number; (e) credit card or debit card number.
If you purchase our products and services, we collect information which is used to complete the purchase transaction.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include, without limitation: (a) registering for an account; (b) entering a sweepstakes or contest sponsored by us or one of our affiliates or partners; (c) signing up for special offers from selected third parties; (d) sending us an email, text or other electronic message; or (e) submitting your credit card or other payment information when ordering and purchasing products and services. We will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
We collect and use your personal information to operate and deliver the services and products you have requested. We may also use your personally identifiable information to inform you of products or services available from us.
We do not sell, rent or lease personal information of our customers to third parties.
We may, from time to time, contact you on our own behalf or on behalf of our external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries.
We may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Kennelwood; (b) protect and defend the rights or property of Kennelwood; and/or (c) act under exigent circumstances to protect the personal safety of users of Kennelwood or the public.
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: (a) delete your personal information from our records; and (b) request any of our product or service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: (a) complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a product or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us; (b) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; (c) debug to identify and repair errors that impair existing intended functionality; (d) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (e) comply with any applicable statute of privacy act; (f) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent; (g) enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; (h) comply with an existing legal obligation; or (i) otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
PROMOTIONAL EVENTS:
If you choose to take part in a promotional event, we’ll ask for any information necessary to the administration of the event such as your name, email address, and shipping address. We may, on occasion, co-sponsor promotions with third parties. We will notify you at the time of collection if third parties will obtain your personal information.
SURVEYS:
From time-to-time we may post surveys on the Site. The surveys may request demographic information (such as age range, gender, areas of interest, and familiarity with our products and services) and customer feedback. Participation in these requests is completely voluntary and with each request you will have the choice of whether or not to disclose information. Such survey information will be used to improve the overall experience offered at our locations and on www.thebarbershops.com.
AGGREGATE INFORMATION:
We collect aggregate information about you and your use the Site whenever you visit us online. For instance, we may collect various forms of “click stream” information such as entry and exit points for the Site (i.e., referring URLs or domains), traffic statistics, page views, impressions, and operating system and browser type. This aggregate information generally will not personally identify you or be correlated to you individually for external purposes. We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Aggregate Information, provided that, such information does not personally identify you. When we share such information with other companies, it is not traceable to any particular user, and will not be used to contact you. If we do correlate any aggregate information to you, such information will be treated like any other personal information under this policy.-MAIL UDATES:
Unless we hear from you otherwise, we’ll email you occasional updates about new additions to this site, special offers you can take advantage of at your local The Barbershop A Hair Salon For Men or The Guys’ Place A Hair Salon For Men location(s). If at any time you decide you’d rather not receive this type of information from us, simply “opt out” of such communication in the email and select the option to be removed from email updates/promotions.
DISCLOSURES:
We do not share any of your personal information with others. We reserve the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the Site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
COMPANY SALE:
Information collected through our Site is considered a trade secret of ours. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale to a third party of our company or a portion of our assets.
FRANCHISING INFORMATION:
For franchise information on The Barbershop A Hair Salon For Men please visit http://thebarbershops.com/. This page collects personal information from franchise candidates that provide it to us. Your Application information will not be shared with any other company. After you have concluded your due diligence you are welcome to request that we delete your information from our database. Simply email bbowe@thebarbershops.com with this request.
CHILDREN’S INFORMATION:
We recognize the need to provide additional privacy protection to children. Children 12 years old and younger may visit the Site without disclosing any personally identifiable information. However, it is sometimes necessary to collect some personally identifiable information about children in order to allow them to use a feature of our site. In addition, be aware that all sites that are targeted to children 12 and younger are prohibited by law from collecting more information than they need. If a parent registers for email promotions with respect to services for their children, we may, request the child’s name, date of birth and parent’s e-mail address. We collect this information in order to verify the child’s age and send personalized promotional messages to the parents. We require our affiliates and franchisees to respect our privacy practices concerning children’s information and not use children’s information for purposes other than to carry out our instructions. Parents may request at any time that we delete information about their children from our databases. To do so, as a parent, when an email message is sent to you, select the option to be removed from the mailing list.
If you have any questions regarding our privacy practices, you can telephone or write to us. Our contact information is: Brian Bowe, bbowe@thebarbershops.com