Terms and Conditions

NSG Hair LLC TERMS & CONDITIONS

LAST UPDATED AND EFFECTIVE:  March 3, 2024

OVERVIEW 

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. These Terms and Conditions (the “Terms”)  govern your access to, and use of, the website Nsghairserum.com (the “Site”) and any other websites, applications, embeddable widgets, downloadable software, and other services provided by NSG Hair LLC, Inc. (“NSG Hair LLC,” “we,” “us,” or “our”) on which a link to these Terms is provided (collectively, including the Site, the "Service") including any content, functionality, products and services offered on or through the Service. These Terms apply to all users of the Service, regardless of whether you are a registered user of the Service.

By using or accessing the Service, you agree to these Terms. If you do not agree to these Terms, you may not use the Service, and, if applicable, must cancel your registered user account or subscription with us.

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS BY REQUIRING ANY DISPUTE BETWEEN YOU AND NSG Hair LLC, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FORGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION 1 BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. BY ENTERING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

Any new features or tools which are added to the Service shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to the Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes. 

1. BINDING ARBITRATION & CLASS ACTION WAIVER 

Mandatory Binding Arbitration: 

By agreeing to these Terms, you agree that all disputes, claims, or causes of action arising from or related to the Service or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (collectively, “Disputes”), will be resolved through confidential, binding arbitration and not in a court of law in any jurisdiction, and not in a class, collective, representative, or consolidated action or proceeding, as further set forth below. 

You and NSG Hair LLC agree that the Federal Arbitration Act (Title 9, U.S. Code) (the “Act”) shall govern any controversy or claim related to the Service or the Terms, including the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, notwithstanding any choice of law or other provision in these Terms. It is the parties’ intent that the Act and the rules promulgated by JAMS Mediation, Arbitration and ADR Services (“JAMS”) shall preempt all state laws to the fullest extent permitted by law. You and NSG Hair LLC further agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, in whole or in part, is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 

Class Action Waiver: 

You acknowledge and agree that you and NSG Hair LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and NSG Hair LLC agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section 1 shall be deemed null and void in its entirety, and the parties shall be deemed to have not agreed to arbitrate disputes on a class basis. 

Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, you and NSG Hair LLC each retain the right to bring an individual action in small claims court and 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 copyright rights, trade secrets, patents or other intellectual property rights.

1. PRIVACY

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

1. ONLINE PURCHASE TERMS 

By agreeing to these Terms, you represent that either: (i) you are at least the age of majority in your state or province of residence, or (ii) you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Service. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your access to the Service. 

1. GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, without express written permission from us. 

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. 

1. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on the Service is not accurate, complete or current. Any material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk. 

The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information on the Service.

You agree that it is your responsibility to monitor changes to the Service. 

1. MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. 

1. PRODUCTS OR SERVICES 

Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Service. We cannot guarantee that the  display of any color on the device that you use to access the Service will be accurate. 

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Service is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

1. ACCURACY OF BILLING AND ACCOUNT INFORMATION 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made on the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

1. SUBSCRIPTIONS

If you purchase an item subscription, you will be charged, regularly and automatically, to receive the item(s) you select at the frequency you select until you cancel your subscription(s). We will charge the subscription price, applicable taxes, and shipping charges to your default payment method when we ship your first subscription order. You will continue to be charged the subscription price, applicable taxes, and shipping charges at the time of each shipment for all subsequent orders until you cancel your subscription(s). We will automatically send you the selections from your previous shipment, unless you update your subscription selections for any given shipment.  Subscriptions will be shipped at the interval you chose when placing your first subscription order unless you change the shipping frequency of your subscription. SUBSCRIPTIONS CONTINUE UNTIL YOU CANCEL. 

You may log into your account to customize your subscriptions at any time.  You can change the quantity of the product and the frequency of each shipment in advance or delay the next shipment as you wish.  Changes will be effective within five (5) business days, but not after shipments have been processed.

You may cancel your subscription(s) at any time by filling out the contact us form or by calling NSGHAIRGROWTHSERUM@GMAIL.COM. If you are a subscriber residing in California you may also cancel your subscription through your account. Please note subscriptions cannot be cancelled via messages on Facebook, Instagram or other forms of social media. No refunds will be given after products are shipped however, they can be returned according to our Return Policy.  Cancellations are effective at the end of the then-current subscription period; to avoid future charges, cancel at least five (5) business days prior to renewal.

For more detail, please review our Return Policy. 

1. OPTIONAL TOOLS 

We may provide you with access to third-party tools which we neither monitor nor have any control nor input over. 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

1. THIRD-PARTY LINKS 

Certain content, products and services available via the Service may include materials from third parties. 

Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

1. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

1. ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, should be taken to indicate that all information in the Service has been modified or updated. 

1. PROHIBITED USES 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses. 

1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. 

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service , its content and any services or products obtained through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

In no case shall NSG Hair LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service, its content and any services or products obtained through the Service, or for any other claim related in any way to your use of the Service or any services or products obtained through the Service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

1. INDEMNIFICATION 

You agree to indemnify, defend and hold harmless NSG Hair LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

1. SEVERABILITY 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

1. TERMINATION 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use the Service, or when you cease using the Service. 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Service (or any part thereof). 

1. ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. 

1. GOVERNING LAW 

These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of United States. 

1. CHANGES TO TERMS OF SERVICE 

You can review the most current version of the Terms at any time at this page.  We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to the Service. It is your responsibility to check the Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. 

1. CONTACT INFORMATION 

Questions about the Terms should be sent to us at NSGHAIRGROWTHSERUM@GMAIL.COM.

1. USER CONTENT

“User Content” refers to any product reviews, photographs, comments, video clips, or other content or information that users, including you, may upload or otherwise submit to the Service.  You are responsible for any User Content that you submit to the Service.  

By submitting User Content to the Service, you represent and warrant that such User Content consists of original material to which you have all the rights necessary to grant us the license rights set forth in these Terms.  You also represent and warrant that neither your User Content, nor your use and provision of your User Content through the Service, nor any use of your User Content by NSG Hair LLC or other users through the Service, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. You represent and warrant that your User Content does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false, and that your User Content does not include any private or personally identifiable information regarding any third party.

By submitting User Content to the Service, you hereby grant NSG Hair LLC a non-exclusive, transferable, sub-licensable, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing services and products to you and/or other users, and also in connection with advertising of our services and products, in perpetuity in all markets worldwide and in any and all media now known or hereafter discovered.  You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you.

In the event you submit any User Content to the Service, we have the right to use any and all such elements of the User Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Service in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you.  By submitting User Content to the Service, you agree to grant NSG Hair LLC the right to use your copyright in such User Content.  We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law.  We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Your User Content may be edited for length, clarity and/or functionality.  Upon request, you will furnish NSG Hair LLC with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions.  We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any User Content made available on the Service.  We reserve the right to remove any User Content in our sole discretion at any time.

You may request that we delete any User Content containing personal information in accordance with the terms of our Privacy Policy by emailing us at NSGHAIRGROWTHSERUM@GMAIL.COM.  Any such requests shall be processed in accordance with our Privacy Policy.