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Terms and Conditions

 

Johnny Slicks, Inc. Terms and Conditions

Last Updated: November 24, 2020

This Terms of Service Agreement (“Terms”) governs your use of the Johnny Slicks, Inc. (“JOHNNY SLICKS” “we,” “our” or “us”) websites, branded pages on third party platforms (i.e., social networking services), mobile applications, and through our direct marketing campaigns or other online communications, as well as offline through our Member Services Team, events, physical retail locations, and mobile messaging services (collectively, “JOHNNY SLICKS Services”), and your purchase of Products sold through the JOHNNY SLICKS Services. By using the JOHNNY SLICKS Services, you agree, without limitation or qualification, to be bound by these Terms and the JOHNNY SLICKS Privacy Policy. If you do not agree, please do not use the JOHNNY SLICKS Services. 

JOHNNY SLICKS may revise these Terms at any time. Your continued usage of the JOHNNY SLICKS Services will mean you accept those changes, and you agree to comply with all applicable laws and regulations. The materials provided on the JOHNNY SLICKS Services are protected by law, including, but not limited to, United States copyright laws and international treaties.

The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing the JOHNNY SLICKS Services for any reason.

PLEASE NOTE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES WITH JOHNNY SLICKS ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THE ARBITRATION PROVISION (SECTION 9). PLEASE READ IT CAREFULLY.

1. ELIGIBILITY

You must be 18 years of age or older to visit or use the JOHNNY SLICKS Services in any manner. By visiting and/or using the JOHNNY SLICKS Services or accepting the Terms, you represent and warrant to JOHNNY SLICKS that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to JOHNNY SLICKS that you will use the JOHNNY SLICKS Services in a manner consistent with any and all applicable laws and regulations.

2. USE OF THE JOHNNY SLICKS SERVICES

2.1 USE RESTRICTIONS

The content on the JOHNNY SLICKS Services, such as information, text, images, graphics, interfaces, photographs, illustrations, audio and video clips, trademarks, trade names, service marks, logos, information obtained from JOHNNY SLICKS’s licensors, and any other materials displayed through the JOHNNY SLICKS Services (collectively, the “Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with JOHNNY SLICKS or its licensors. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of JOHNNY SLICKS or its licensors. 

So long as you are in compliance with these Terms, JOHNNY SLICKS grants a non-exclusive limited, non-transferable license to use the JOHNNY SLICKS Services. You may not distribute or make the JOHNNY SLICKS Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the JOHNNY SLICKS Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the JOHNNY SLICKS Services, any updates, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by JOHNNY SLICKS that replace and/or supplement the original JOHNNY SLICKS Services, unless such upgrade is accompanied by separate or updated Terms of Service. If you violate any of these Terms, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without JOHNNY SLICKS’s written permission, “mirror” any Contents contained in the JOHNNY SLICKS Services or any other server. You hereby represent and warrant that you will not, and will not induce any third party to, use the JOHNNY SLICKS Services in any way that: (a) harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access unauthorized content or non-public spaces; (d) uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the JOHNNY SLICKS Services or Contents; (e) attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempt to disable or circumvent any security mechanisms used by the JOHNNY SLICKS Services or Contents or otherwise attempt to gain unauthorized access to any portion of the JOHNNY SLICKS Services or Contents or any other systems or networks connected to the JOHNNY SLICKS Services, or to any server of Johnny Slicks or its third party service providers, by hacking, password “mining”, or any other illegal means; (g) attempts to gain unauthorized access to JOHNNY SLICKS user accounts; (h) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (i) is for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by these Terms or applicable laws, rules or regulations; (j) is unlawful or violates these Terms in any manner; or (k) fails to comply with applicable third-party terms and conditions or other third-party policies. 

JOHNNY SLICKS reserves the right, in its sole discretion, to refuse, discontinue, block and/or terminate your use of, and access to, the JOHNNY SLICKS Services, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

2.2 OUR ACCOUNT

If you use the JOHNNY SLICKS Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. JOHNNY SLICKS reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders or shipments in its sole discretion.

3. TERMS OF SALE

3.1 INTRODUCTION

JOHNNY SLICKS provides the best organic grooming products for your hair, beard, and body (the “Products”) to end-user customers. Products are only for Members’ own personal, non-commercial use. You may not purchase Products for further distribution or resale or for any other commercial or business purpose. All rights and privileges conferred are personal and non-transferable.

3.2. PLACING AN ORDER

To place an order for Product(s) you will need to register for an account with us. You will need to provide some personal information on registering—please see our Privacy Policy for details on how we use your information. Once you have registered with us, you will be able to order Products from us. You submit your order by clicking on the ‘Complete Order' button. You should check your order and the information provided carefully before you submit your order. Once you have submitted your order, we will send you an email to acknowledge and summarize your order. This does not mean that we have accepted your order.

We will contact you if your order is not accepted. This will usually be because (a) Products you have ordered are unavailable; (b) we cannot authorize your payment; (c) you are not allowed to buy Products from us or we are not allowed to sell Products to you; or (d) there has been a mistake in the pricing or description of the Products you have ordered.

Our acceptance of your order will take place only when we have received payment from you and shipped your initial Products.

If any problems arise with your order, or with the shipping address or Payment Method (as defined below) associated with your order, and JOHNNY SLICKS is unable to resolve the problem, we may notify you via email using the email address associated with your Account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled, and we may not be able to deliver future Products until the problem has been resolved.

3.3 PRODUCTS AND PRODUCT PRICING

Pricing for Products and (including any applicable shipping and handling fees) can be found on the JOHNNY SLICKS Services. We reserve the right, in our sole and absolute discretion, to change prices for Products, at any time, with appropriate notice to you. We do not provide price protection or refunds in the event of promotions or price decreases. 

3.4 PROCESSING ORDERS

If any problems arise with your order, or with the shipping address or Payment Method associated with your Account, and JOHNNY SLICKS is unable to resolve the problem, we may notify you via e-mail using the address associated with your Account. It is important that you keep your information current with an accurate email address that you regularly check. If problems arise with your order that we cannot resolve, your order may be cancelled.

3.5 RETURNS/REFUND

JOHNNY SLICKS wants to ensure your complete satisfaction. To see if you are eligible for a Return/Refund, please refer to our Return/Refund Policies and Procedures

3.7 GIFT CARDS

The risk of loss and title to gift cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. JOHNNY SLICKS shall have the right to refuse service, suspend or terminate accounts or any related account(s), cancel orders or recoup the amount of the Gift Card by charging the amount from the Payment Method supplied, in each case in its sole discretion, if JOHNNY SLICKS suspects a Gift Card is being redeemed and/or used in a fraudulent manner to make purchases on the JOHNNY SLICKS Services. For full terms and conditions related to gift cards, please visit here.

4. LIABILITY OF JOHNNY SLICKS AND ITS LICENSORS AND PARTNERS

The use of the JOHNNY SLICKS Services, including the Contents, is at your own risk. The Contents in the JOHNNY SLICKS Services could include technical inaccuracies or typographical errors. JOHNNY SLICKS may make changes or improvements at any time. 

THE CONTENTS AND THE JOHNNY SLICKS SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOHNNY SLICKS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JOHNNY SLICKS DOES NOT WARRANT THAT THE JOHNNY SLICKS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE JOHNNY SLICKS SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JOHNNY SLICKS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THE JOHNNY SLICKS SERVICES IN RELATION TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JOHNNY SLICKS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JOHNNY SLICKS ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF DATA, DAMAGE TO PROPERTY AND EXPENSES, LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY JOHNNY SLICKS, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.

5. CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES

The JOHNNY SLICKS Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).  JOHNNY SLICKS does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. JOHNNY SLICKS is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the JOHNNY SLICKS Services. You agree that JOHNNY SLICKS shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the JOHNNY SLICKS Services.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the JOHNNY SLICKS Services does not indicate JOHNNY SLICKS’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third-party on the JOHNNY SLICKS Services, or based on such third-party’s participation or presence on the JOHNNY SLICKS Services, are solely between you and the third party. JOHNNY SLICKS makes no representations or warranties with respect to the content, ownership, or legality of any such linked third-party website. If you choose to leave the JOHNNY SLICKS Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

6. INDEMNITY

You agree to defend, indemnify, and hold JOHNNY SLICKS, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Johnny Slicks Parties") harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the JOHNNY SLICKS Services and/or Contents, or your violation of these Terms. JOHNNY SLICKS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the user, in which event the user will cooperate in asserting any available defenses.

7. GENERAL

JOHNNY SLICKS make no claims that the Contents are appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the JOHNNY SLICKS Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability of JOHNNY SLICKS and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Choice of Law, Arbitration and Class Action Waiver, and Complete Agreement.

8. CHOICE OF LAW

These Terms are governed in accordance with the laws of the State of NEW HAMPSHIRE, without regard to its conflict of law provisions. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

9. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS; CLASS ACTION WAIVER

Please read this Section 12 (“Arbitration Agreement”) carefully. It is part of your contract with JOHNNY SLICKS and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service at sales@johnnyslicks.com. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 12 govern dispute resolution between us.

Applicable to the United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the JOHNNY SLICKS or JOHNNY SLICKS’s employees, agents, successors, or assigns, shall exclusively be settled through\h binding and confidential arbitration, except that you or JOHNNY SLICKS may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND JOHNNY SLICKS ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate.   The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.

You and JOHNNY SLICKS must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) JOHNNY SLICKS will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, JOHNNY SLICKS will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. 

 

10. NOTICE AND TAKE DOWN PROCEDURES OR CLAIMS OF COPYRIGHT INFORMATION

If you believe any Submission accessible on or from the JOHNNY SLICKS Services infringes your copyright, you should notify JOHNNY SLICKS of your infringement claim in accordance with the procedures below:

- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

- Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;

- Your name, address, telephone number, and (if available) email address;

- A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

- A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

- A signature or the electronic equivalent from the copyright holder or authorized representative.

We will process each notice of alleged infringement that Johnny Slicks receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Johnny Slicks’s copyright agent at info@argoslegalgroup.com (subject line: “DMCA Takedown Request”). You may also contact us by mail at:

Attention: Copyright Agent

Johnny Slicks, Inc. 

624 US-17 Unit 1

Holly Ridge, NC 28445

In an effort to protect the rights of copyright owners, JOHNNY SLICKS maintains a policy for the termination, in appropriate circumstances, of users of the JOHNNY SLICKS Services who are repeat infringers.

 

10. SEVERABILITY

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of JOHNNY SLICKS to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance.

11. COMPLETE AGREEMENT

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of JOHNNY SLICKS on the JOHNNY SLICKS Services, these Terms of Service, including the Privacy Policy, constitute the entire agreement between you and JOHNNY SLICKS with respect to the use of the JOHNNY SLICKS Services and Contents.