Terms of Service

Terms of Use

These are the terms of use ("Terms of Use") that apply to your utilization of the services or features on the websites owned and operated by The Head Spa, Inc. ("The Head Spa"), including but not limited to theheadspa.com (the "Sites"). Additional Sites may be introduced as we broaden our beauty services, and these Terms of Use will apply to any new Sites upon their addition. Whether you access our Sites via a computer or mobile device (such as through a smartphone application), these Terms of Use govern your use of our Sites and your behavior, irrespective of the access method. If you engage with our interactive services ("Interactive Services"), such as Product Ratings & Reviews and Beauty Junkie Profile functionalities, these Terms of Use will regulate your use of those services.


We also engage with you on third-party platforms where we share content or request your feedback, such as Facebook and Instagram ("Third Party Sites"). Our Terms of Use, as well as other sections of our Sites, outline guidelines ("Guidelines") and rules and regulations ("Rules") related to our Interactive Services, including those involving Third Party Sites. However, The Head Spa does not control Third Party Sites, and our Terms of Use, Guidelines, and Rules do not apply to companies or individuals outside of The Head Spa's control. Always review the terms of use of Third Party Sites.


By accessing the Sites, you indicate your acceptance of these Terms of Use, our Privacy Policy, and our Guidelines and Rules, whether or not you have reviewed them. If you disagree with any part of these terms, you should refrain from using our Sites.


The Head Spa reserves the right to alter or amend any of the terms and conditions outlined in these Terms of Use, Guidelines, and Rules at any time and without prior notice, at its sole discretion. Should The Head Spa decide to modify these Terms of Use, a new version will be posted on the Sites, and the effective date will be updated accordingly. Any amendments to these Terms of Use, Guidelines, or Rules will become effective upon their posting. Your continued use of the Sites after any changes signifies your acceptance of those changes. If you do not agree with the modifications, you must cease using the Sites immediately. Therefore, you should regularly review these Terms of Use, our Guidelines and Rules, and any other relevant policies to understand the terms governing your use of the Sites.


Copyright

All design elements, text, graphics, logos, button icons, images, audio and video clips, their selection and arrangement, and all software on the Sites are protected by Copyright (c) 2024 The Head Spa, Inc., ALL RIGHTS RESERVED. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Sites is the exclusive property of The Head Spa and is safeguarded by U.S. and international copyright laws. All software utilized on the Sites is owned by The Head Spa or its software providers and is protected under U.S. and international copyright laws. You are permitted to electronically copy and print portions of the Sites solely for the purpose of placing an order with The Head Spa, using the Interactive Services, or as a shopping resource. Any other use of materials on the Sites—such as reproduction for purposes other than those specified above, modification, distribution, republishing, transmission, display, or performance—without The Head Spa’s prior written consent is strictly prohibited.


Trademarks

The Head Spa and all page headers, custom graphics, and button icons on the Sites are service marks, trademarks, and/or trade dress of The Head Spa and may not be used in association with any product or service not offered by The Head Spa in a manner likely to cause confusion among consumers or that disparages or discredits The Head Spa. Other trademarks, product names, and company names or logos referenced herein are the property of their respective owners.


Product Information

Products displayed on the Sites are available for order and delivery only within the U.S. and through U.S. Military APO locations. The Head Spa products shown on the Sites may also be available at select The Head Spa retail locations in the U.S. and certain international markets. Prices listed on the Sites are in U.S. Dollars and are applicable only within the U.S. If a minor uses any goods or products from The Head Spa, it should be done only after a discussion with the minor’s legal guardian and physician. References to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise do not imply endorsement, sponsorship, or recommendation by The Head Spa.


All materials and information presented by The Head Spa are intended solely for personal educational or informational purposes. Claims about products have not been evaluated by the U.S. Food and Drug Administration, and results may vary among individuals. The products are not intended to diagnose, treat, cure, or prevent any condition or disease. All products should be used according to their instructions, precautions, and guidelines. You should review product ingredients to avoid potential allergic reactions. The Sites are not a substitute for professional medical advice; they serve solely as online stores for specialty beauty products. Consult your physician or healthcare provider regarding any goods, products, or information obtained from the Sites before use. Your physician or healthcare provider should handle all medical questions and treatment decisions. The Head Spa does not provide medical advice and is not a substitute for medical professionals or resources. No prescription medications or medical treatments are offered on the Sites. IN CASE OF MEDICAL EMERGENCY, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.


Products available on the Sites and through the Interactive Services, including any samples provided by The Head Spa, are for personal use only. Reselling any products purchased or received from The Head Spa is prohibited. The Head Spa reserves the right to cancel or adjust the quantity of any order or products if it determines, at its sole discretion, that such an action is necessary to avoid a breach of these Terms of Use.


Color Information

Although The Head Spa strives to display product colors accurately, the actual colors you see may vary depending on your monitor and may not be exact.


Responsibility For Your Content

You are solely responsible for all content you upload, post, email, or otherwise transmit to or through the Sites or Interactive Services, including product ratings, reviews, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, videos, messages, ratings, forum posts, comments, questions, answers, or other materials (collectively, "Content"). We will only accept Content from registered users of the Sites.


Your Use Of Content On The Sites And Limitation Of Liability

The Head Spa provides the Sites and Interactive Services as a forum only. We are not liable for any statements, representations, or Content submitted by users in public forums on the Sites or Third Party Sites, including through Interactive Services. Any Content displayed is for entertainment and informational purposes only. Content posted on or via the Sites or Third Party Sites, including Interactive Services, is not controlled by The Head Spa. We cannot guarantee the accuracy, integrity, or quality of such Content. You acknowledge that using Interactive Services may expose you to Content that could be offensive, indecent, or objectionable, and The Head Spa is not liable for any such Content. The risk of harm or damage from such Content rests solely with you. The Head Spa is not liable for any Content, including but not limited to, errors or omissions in Content or any resulting loss or damage (including personal injury or property damage) from using Content posted, emailed, or transmitted via the Sites or Interactive Services.


You may access Content and other material on the Sites only as permitted under these Terms of Use and the Privacy Policy. You agree not to use, copy, or distribute Content except as expressly allowed herein.


You agree not to bypass, disable, or interfere with security features of the Site or features that prevent or restrict use of Content or enforce limitations on the Site or its Content. You may not disrupt or interfere with the Sites, servers, or networks connected to the Sites, or violate any network regulations, including by using any device, software, or routine to bypass robot exclusion headers. The Head Spa reserves all rights not expressly granted regarding the Content.


Your Content Submissions

By submitting Content to The Head Spa, you represent and warrant that:


  • Public Forum Participation: You acknowledge that by submitting Content, you are participating in a public forum. Your Content will be accessible to all users of the Sites, the Interactive Services, and potentially to Third Party Sites.


  • Ownership and Rights: You confirm that you are the sole author and owner of the intellectual property rights and any other rights associated with the Content you submit. Alternatively, you assert that you have obtained all necessary licenses, rights, consents, and permissions to allow The Head Spa to use your Content as contemplated by the Sites and these Terms of Use.

 

  • Waiver of Moral Rights: You agree to waive any "moral rights" you may have in the Content. This includes the right to have your identity associated with the Content or any derivative works, updates, or modifications thereof.

   

  • Accuracy of Content: You affirm that all Content you post is accurate and truthful.

     

  • Age and Consent: You represent that you are at least 13 years old. If you are a minor, you have obtained the consent of your parent or legal guardian to use the Sites and agree to these Terms of Use.

   

  • Non-Violation of Terms and Non-Harm: You guarantee that your Content does not violate these Terms of Use and will not cause harm to any person or entity.


You also represent and warrant that any Content you submit:      


  • Truthfulness and Accuracy: The Content is not false, inaccurate, or misleading.


  • Protection of Minors: The Content does not harm or exploit minors.    

 

  • Intellectual Property Compliance: The Content does not infringe upon any copyright, patent, trademark, trade secret, or other proprietary rights, nor does it violate any rights of publicity or privacy.

     

  • Legal and Contractual Compliance: The Content does not breach any legal obligations or contractual or fiduciary duties you may have, including but not limited to, obligations arising from employment relationships or nondisclosure agreements.

     

  • Regulatory Compliance: The Content complies with all applicable laws, statutes, ordinances, and regulations, including those governing export control, consumer protection, unfair competition, anti-discrimination, and false advertising.

   

  • Content Standards: The Content is not unlawful, harmful, defamatory, libelous, vulgar, obscene, invasive of privacy, hateful, biased, offensive, abusive, tortious, threatening, or harassing towards any individual, entity, or organization.


  • No Third-Party Compensation: The Content is not submitted in exchange for compensation or other considerations from any third party.

 

  • No External References: The Content does not include any references to other websites, addresses, email addresses, contact information, or phone numbers.

   

  • Compliance with Policies: The Content complies fully with these Terms of Use, our Privacy Policy, and all applicable Guidelines and Rules.


  • No Unsolicited Material: The Content is not unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

     

  • No Harmful Code: The Content does not contain any computer viruses, worms, or other potentially damaging software or files.


The Head Spa does not endorse any Content, nor does it endorse any opinions, recommendations, or advice expressed within such Content. The Head Spa disclaims all responsibility and liability regarding the Content.


If your Content includes ideas, suggestions, documents, or proposals submitted to The Head Spa through the Interactive Services, then: (a) such Content shall not be deemed confidential or proprietary, and The Head Spa has no obligation to maintain confidentiality, whether express or implied, concerning that Content; (b) The Head Spa may already be considering or developing content similar to what you have submitted; and (c) you are not entitled to any form of compensation, payment, or reimbursement from The Head Spa regarding such Content, unless explicitly notified otherwise in writing by The Head Spa.


By submitting Content, you grant The Head Spa a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, and transferable right and license to use, reproduce, communicate, distribute, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from, and/or sell and/or distribute such Content. This right and license also includes the incorporation of such Content into any form, medium, or technology, whether known now or developed in the future, globally, without any compensation to you. This license shall remain in effect even after the termination of these Terms of Use and your use of the Site.


Guidelines For Interactive Services

We value your feedback on the products you have tried, purchased, or are familiar with, and we encourage you to use our Interactive Services. When writing a review, providing your online profile, or participating in other Interactive Services, please adhere to the following guidelines: • Focus on the product and describe your personal experience with it. • Provide specific details about why you either like or dislike a product. • All reviews, comments, and questions submitted will be reviewed by our moderators and must comply with these Terms of Use.


You are prohibited from using our Interactive Services to impersonate any individual or entity, including, but not limited to, any official, employee, or affiliate of The Head Spa, or to falsely claim or misrepresent your affiliation with any person or entity. You may not use the Interactive Services to collect or store personal data about other users.


As stated, The Head Spa reserves the right to refuse to post or to remove any review for any reason. Your review will be excluded if it does not adhere to these Guidelines or violates any provisions of these Terms of Use regarding Content submission.


Third Party Content And Third Party Sites

The Head Spa may provide content from third parties ("Third Party Content") or links to third-party websites ("Third Party Sites") as a convenience for those interested in such information. The Head Spa does not monitor, approve, or control any Third Party Content or Third Party Sites. The inclusion of links to Third Party Content or Third Party Sites does not imply any endorsement or affiliation between The Head Spa and any third party. The Head Spa does not guarantee the accuracy, completeness, or reliability of any Third Party Content or Third Party Sites. The Head Spa is not responsible for updating or reviewing Third Party Content or Third Party Sites. Use of Third Party Content and Third Party Sites is at your own risk. Opinions or comments from third-party users submitted via The Head Spa’s Interactive Services do not necessarily reflect The Head Spa’s views.


Mobile Services

If you access our Sites through your mobile phone (e.g., via a smartphone application), there are currently no charges from The Head Spa for this access. However, please be aware that standard rates and fees from your carrier, such as text messaging fees or data charges, will still apply.


Mobile Features

The Head Spa’s Mobile Help and Terms & Conditions

By opting in to receive mobile messages from The Head Spa, you agree to the following Terms & Conditions: As a customer of The Head Spa, you may opt in to receive recurring promotional and order-related messages sent using automated dialing technology to the mobile number you provide. By opting in, you consent to receive these recurring messages, with the frequency depending on the number of promotions or transactions. Note that opting in is not required for making a purchase. This page aims to assist you with any questions regarding mobile messaging.


The Head Spa Promo Alerts: Recurring marketing messages may be sent using automated dialing technology. Message and data rates may apply. For assistance, send HELP to (214) 371-8131. To opt-out, send STOP to (214) 371-8131.


How to Sign Up for The Head Spa Promo Alerts:

  1. Sign in to your The Head Spa account.
  2. Click on "Profile."
  3. View "Preferences" to edit notifications.
  4. Check the box labeled "Yes, text me."
  5. Enter your mobile phone number.
  6. Select the types of texts you wish to receive.
  7. Click the "Save" button.


Will I be Charged for Text Messages? Your mobile carrier's standard rates apply. All charges will be billed by and paid to your mobile service provider. The Head Spa does not charge for sending or receiving messages to or from XXXX or XXXX


How to Opt-Out of The Head Spa Promo Alerts: You can opt-out by texting any of the following keywords to XXXX Standard carrier rates apply.


You will receive a confirmation message once you have opted out.

  • STOP
  • END
  • QUIT
  • CANCEL
  • UNSUBSCRIBE


What If I Change or Deactivate My Mobile Number? Customers of The Head Spa who change their mobile number or deactivate their phone number must inform The Head Spa so that we may cease sending text messages to the previous number.


Can I Receive The Head Spa Promo Alerts and Order Alerts with Any Wireless Carrier? The Head Spa’s Promo and Order Alerts are compatible with all major wireless carriers, including:


  • AT&T
  • Verizon Wireless (excluding mobile downloads)
  • Sprint
  • T-Mobile®
  • Metro PCS
  • Alltel
  • U.S. Cellular®
  • Various other smaller or regional carriers


Modification Of Content

All Content you submit is not confidential and may be used at The Head Spa’s sole discretion. The Head Spa may, but is not obligated to, pre-screen Content. The Head Spa and its designees reserve the right, but not the obligation, to pre-screen, modify, condense, or delete any Content on the Sites. Specifically, The Head Spa and its designees may remove any Content that The Head Spa deems, at its sole discretion, to violate these Guidelines, any other provision of these Terms of Use, or that is otherwise objectionable. The Head Spa does not guarantee that you will have any recourse to edit or delete Content you have submitted. The Head Spa reserves the right to incorporate any submitted Content into any account you may have, whether now or in the future, as a registered user of the Sites. Ratings, written comments, questions, and answers are typically posted within two to four business days. However, The Head Spa reserves the right to remove or refuse to post any submission for any reason. You acknowledge that you are solely responsible for the Content you submit. None of the Content you submit shall create any obligation of confidentiality on the part of The Head Spa, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.


Reservation Of Rights

The Head Spa reserves the right, at any time, without notice and at its sole discretion, to terminate your license to use the Interactive Services and the Sites and to block or prevent your future access to and use of the Interactive Services and the Sites. The Head Spa may access, preserve, and disclose your account information and Content if required to do so by law or if in good faith belief that such access, preservation, or disclosure is reasonably necessary to (i) comply with legal processes; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates third-party rights; (iv) address your customer service requests; or (v) protect the rights, property, or personal safety of The Head Spa (and its employees), its users, and the public.

 

Disclaimers

THE SITES AND CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE HEAD SPA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE HEAD SPA DOES NOT WARRANT THAT THE SITES, CONTENT, OR INTERACTIVE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES, CONTENT, OR INTERACTIVE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE HEAD SPA MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT OR THE INTERACTIVE SERVICES. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.


Limitation Of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE HEAD SPA NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER DIRECTLY OR INDIRECTLY INCURRED, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF THE SITES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE HEAD SPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE HEAD SPA’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE USE OF THE SITES EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO THE HEAD SPA FOR YOUR USE OF THE SITES OR PURCHASE OF PRODUCTS.


Indemnification

You agree to defend, indemnify, and hold harmless The Head Spa, Inc. (including its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers) from and against all claims, demands, losses, liabilities, costs, expenses, obligations, and damages of any kind and nature, whether known or unknown, including reasonable legal fees. This obligation arises from:

(a) Your use of and access to the Sites and the Interactive Services;

(b) Your breach of any term of these Terms of Use;

(c) Any violation of the representations and warranties regarding Content as described above;

(d) Your violation of any applicable law or the rights of any third party, including but not limited to, copyright, property, or privacy rights; or

(e) Any claim that the Content you submitted caused harm or damage to a third party.


This indemnification obligation will remain in effect even after the termination of these Terms of Use and after you cease using the Sites and the Interactive Services.


Governing Law And Jurisdiction

These Terms of Use and any related actions will be governed by the laws of the State of Texas, without regard to its conflict of laws principles. The exclusive jurisdiction and venue for any disputes related to these Terms of Use will be the state and federal courts located in The State of Texas, and you consent to the jurisdiction of those courts.


Our Address

The Head Spa, Inc.

8335 Westchester Suite 10-68

Dallas, Texas 75225


Digital Millennium Copyright Act

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide The Head Spa, Inc designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the "DMCA"):


  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your name, address, telephone number and email address (if available); and
  • 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 are authorized to act on the copyright owner's behalf.

 

The Head Spa, Inc DMCA designated copyright agent for notice of claims of copyright infringement on this Web site is our General Counsel, who can be reached as follows:


The Head Spa, Inc.

8335 Westchester Ln 10-68

Dallas, Tex 75225

E-mail: Schedule@theheadspa.net


Severability

If any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions.


Termination

The Head Spa reserves the right to terminate or suspend your account and access to the Sites and Interactive Services at any time, with or without cause and with or without notice, effective immediately, if The Head Spa believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use or any other policies or rules. Upon termination, your access to the Sites and Interactive Services will immediately cease, and The Head Spa will have no obligation to provide you with further access.


Fraud Protection Program

In order to safeguard against fraud and unauthorized or illegal activities, we screen all orders as part of our processing procedures. We reserve the right to refuse to process any order if we suspect fraud or other unauthorized or illegal activities. If such a situation arises, we may reject your order or contact you via the phone number or email address you provided to verify your order. Additionally, we reserve the right to cancel any accounts or refuse to ship to specific addresses if we suspect fraud or other unauthorized or illegal activities. These measures are implemented to protect both our customers and ourselves from fraudulent or unlawful activities.


General

Any claims or disputes between you and The Head Spa, Inc. arising from or related to the Sites or the Interactive Services shall be exclusively resolved by a court of competent jurisdiction located in the State of Texas, U.S.A. If any provision of these Terms of Use is found to be invalid by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which will continue to be in full force and effect. No waiver of any term of these Terms of Use shall be considered a further or continuing waiver of that term or any other term, and The Head Spa, Inc.’s failure to enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. It is the express intent of the parties that these Terms of Use and all related documents be written in English. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES OR THE INTERACTIVE SERVICES MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Miscellaneous

These Terms of Use, along with our Privacy Policy and any other legal notices published by The Head Spa on the Sites, constitute the entire agreement between you and The Head Spa concerning your use of the Sites. The failure of The Head Spa to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. Any waiver of a provision of these Terms of Use will be effective only if made in writing and signed by an authorized representative of The Head Spa. No third-party rights or benefits are conferred by these Terms of Use. The Head Spa is not responsible for any failure to fulfill obligations due to causes beyond its control.

 

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