Terms of Use

erms of Use

 

Updated as of March 21, 2024

 

GENERAL

WELCOME

 

These Terms of Use (“Terms & Conditions”) govern the websites and microsites (collectively, the "Sites"), mobile applications (collectively, the “Apps”) and any other technology platforms or tools located at any Sites and Apps, including without limitation, successor website(s) or application(s) thereto (collectively, the “Digital Services”) maintained or operated by Fantastic Sams Franchise Corporation and our affiliates and designees (“FSFC,” “we,” “us” or “our”). The terms “you,” “your” or “user” refers to you, the user. FSFC and you may each be referred to as a “Party” or collectively referred to as the “Parties”. If you are using the Digital Services on behalf of a business, association, or other entity, “you” or “your” will also refer to such business, association, or other entity, unless the context clearly dictates otherwise. You agree that you are authorized to consent to these terms on behalf of such business, association, or other entity, and we can rely on this.

Important Notices

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST FSFC ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

These Terms Set Forth a Legally Binding Agreement

Please read the Terms & Conditions very carefully before accessing or using our Service. By using/ continuing to use of any portion of the Digital Services, you acknowledge you have read and understand, and agree to be bound by the Terms & Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please print a copy of the Terms & Conditions for your records. If you do not agree to all of the terms and conditions of the Terms & Conditions, then you are not permitted to use or access the Digital Services. If the Terms & Conditions is considered an offer, acceptance is expressly limited to the Terms & Conditions.

Solely Intended for United States Users

Unless otherwise explicitly specified on the Digital Services, the Digital Services and the content and information contained on the Digital Services is intended solely for use and access by persons residing in the United States, its territories and possessions. FSFC controls and operates its Website from offices located in the United States and makes no representations or warranties that the content, information, products or services contained on the Digital Services are appropriate for use or access in other locations. Anyone using or accessing any of the Digital Services from other locations outside the United States does so on his or her own initiative and is responsible for compliance with local United States laws, if and to the extent applicable.

Eligibility to Use the Digital Services

As a condition of your right to use the Digital Services, you must be, and represent and warrant that you are, at least the age of majority in your state, province or jurisdiction of residence to enter into a binding contract, or if you are under the age of majority in your state, province, or jurisdiction of residence, you represent and warrant that you are over the age of thirteen (13) and your parent or legal guardian has reviewed the Terms & Conditions with you and accepts them on your behalf; parents or legal guardians are responsible for the activities of their minor dependents while using the Digital Services. Additionally, you represent and warrant that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country. You represent and warrant that you (1) have all necessary rights, power, and authority to agree to the Terms & Conditions and perform your obligations hereunder, and (2) nothing contained in the Terms & Conditions or in the performance of such obligations will place you in breach of any other contract or obligation..

Privacy Policy

Please refer to our Privacy Policy https://fantasticsams.com/privacy for information about how we collect, use, store, and disclose your personal information (“Privacy Policy”). When creating an Account (as defined in Section 2.1) and using the Digital Services, you will be asked to provide certain personal information. By providing such personal information, you agree to the terms of our Privacy Policy and expressly consent to FSFC’s collection, storage, use, and disclosure of your personal information in accordance with the Privacy Policy.

  1. The Digital Services
    1. Fantastic Sams® Locations Operated by Franchisees. Please note that most Fantastic Sams® salons (“Salons”) are owned and operated by independent business owners (“Franchisees”) using our proprietary system and the Marks (defined below in Section 3.2) pursuant to a franchise agreement with us or subfranchisors (each a “Franchise Agreement”).

If you are accessing any of the Digital Services that are particular to a franchised Salon, you understand and agree that: although we may host, develop, maintain or operate the Digital Services on behalf of the Franchisees, the Franchisees are independent contractors operating as separate legal entities under Franchise Agreements with us. If you are accessing the Terms & Conditions from one of these Franchisee’s microsite or linked website, you acknowledge and agree that we are merely operating as a third party service provider providing advertising services to the Franchisee and are not (i) operating, hosting, maintaining or developing the Franchisee’s microsite or linked website, or (ii) such Franchisee’s partner, joint venturer, principal, employer, employee or agent. Franchisees are not our agents or employees. Franchisees do not have any right to speak for us or on our behalf, or bind us to any contracts or obligations. We are not responsible for any of the acts or omissions of Franchisees. We cannot and do not guarantee that the Franchisees or other independently owned and operated Salons will follow the Terms & Conditions.

  1. Reservations. You may not be able to finalize reservations on the Digital Services for all Salons or services. The Salon’s specific page will inform you whether you are able to complete a reservation online or whether your reservation is not final until you visit the Salon in person. While we make our best effort to provide you with up-to-date data regarding space at Salons (or other services), availability is subject to change at any time. We make no representations or warranties regarding availability of any services at any of the Salons.
  2. Modifications and Interruption to the Digital Services. We reserve the right, but are not obligated, to limit the sales of our Digital Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis, in our sole discretion. We reserve the right to limit the quantities of any Digital Services that we offer. All descriptions of Digital Services are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify, withdraw or discontinue all or any portion of the Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. Any offer for any Digital Services is void where prohibited. 
  3. User Account; Account Security
    1. Account Registration. You are required to create an account in order to use certain features on the Digital Services (“Account”), which can be done by completing the registration process in the Digital Services. Should registration be required for the use of such features, FSFC will review and determine, in our sole discretion, whether to accept your registration. Any registration is solely for you and you may only use one single Account. You may not use the Accounts of others, or allow others to use your Account, and you are solely responsible for preventing such unauthorized use of your Account. FSFC shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Digital Services at any time, and for any reason. Upon acceptance of your registration by FSFC, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Digital Services. You agree that all information provided by you is accurate, full, complete and up to date at all times.
  4. Username Policies. Account names are available on a first-come, first-served basis. Usernames are not your intellectual property or personal property. FSFC reserves the absolute right to delete, modify or change a username associated with an Account without notice for actual or suspected violation of the Terms & Conditions and any FSFC policies and procedures.
  5. FSFC prohibits username squatting and the practice of reserving usernames for future use, especially where there is a likelihood that the username may confuse or mislead others. In FSFC’s sole discretion, users violating this name squatting policy may be removed or renamed without notice. Attempts to sell, buy, or solicit other forms of payment in exchange for usernames are prohibited and may result in Account suspension or permanent termination.
  6. FSFC has the absolute and unrestricted authority to delete or modify inactive users, at any time, with or without notice. Users that have not conducted any transactions on the Digital Services for six (6) months may be deleted without notice.
    1. Account Security. You acknowledge that you shall be held solely responsible and solely liable for anything that occurs in your Account and any activity resulting from your Account. You agree that we rely on the user ID and password protection format to confirm whether users accessing and using our Digital Services are authorized to do so. FSFC reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. It is your sole responsibility to (i) control the dissemination and use of user ID and Password, and (ii) authorize, monitor, and control access to and use of your Account and Password. You agree to notify FSFC immediately about any suspected unauthorized use of your Password or any breach of security. You further agree that FSFC shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than FSFC.
    2. Consent to Electronic Communications. By creating an Account, you consent to receive electronic communications from FSFC (e.g., via email). These communications may include notices about your Account (e.g., password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

Additionally, in connection with your use of the Digital Services, you consent to FSFC recording any communication, electronic or otherwise, between you and FSFC and retaining any information and data you submit while using the Digital Services.

In using the Digital Services, you may be permitted to communicate electronically with FSFC by sending electronic mail to FSFC; however, you acknowledge and agree that only general information or inquiries may be submitted to FSFC via electronic mail and any other submissions or communications on or through the Digital Services (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Digital Services for such submissions or communications. Please do not send any time-sensitive communications to FSFC via e-mail as FSFC cannot be responsible for responding to any such communications.

  1. FSFC May Suspend Hacked Accounts. FSFC reserves the right to terminate, suspend, or restrict your access to any Account(s) if (i) we discover you have created multiple Accounts for the same user, or (ii) we suspect that the Account(s) have been or will be used for any illegal, fraudulent, or otherwise unauthorized purposes. Under no circumstances shall FSFC or other persons be responsible or liable for any direct, indirect, consequential, or other losses (including lost revenue, lost profits, lost business opportunities, loss of good will, or reputational harm), damages, or costs suffered by you or any other person or entity due to any such termination, suspension, or restriction of access to any Account(s).
  2. Intellectual Property Rights
    1. Intellectual Property Ownership. 
  3. All elements of the Digital Services (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, Information, code and software, and the selection and manner of compilation and presentation) (collectively, the “Content”) ”is owned by FSFC, our content providers, or our licensors (as applicable), and may be protected by copyrights, patents, trademarks, trade dress and/or applicable law. FSFC, our content providers, or third parties who have licensed their materials to FSFC (as applicable) retain full and complete title to and reserve all rights in the Content on the Digital Services, including all associated intellectual property rights. For the avoidance of doubt, the compilation (i.e., the collection, arrangement and assembly) of all materials on the Digital Services are the exclusive property of FSFC or its licensors and is protected by U.S. and international copyright laws. FSFC neither warrants nor represents that your use of Content on the Digital Services will not infringe rights of third parties. You may access the Digital Services only for your permitted use under the Terms & Conditions, and you may not modify or delete any copyright, trademark, or other proprietary notice relating to any Content you access. 
  4. All software used in connection with the Digital Services is the property of FSFC or our licensors and protected by United States and international copyright laws, and subject to separate license terms, in which case those license terms will govern such software. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Digital Services, use of the Digital Services or access to the Digital Services, or any contact on the Digital Services through which the Digital Services are provided, without express written permission by us.
  5. All rights not expressly granted herein are reserved by FSFC, our affiliates, and licensors. You agree to abide by all additional restrictions displayed on the Digital Services, and as they may be updated from time to time.
    1. FSFC Marks. You will not adopt or use any names, slogans, trade names, trademarks, service marks, e-mail addresses, URLs, meta-tags, key words, search descriptions or the like that are the same as or confusingly similar to the trademarks, trade names, logos, color schemes, service marks, slogans, and similar means of identifying products or services displayed on any of the Digital Services, including without limitation, any variation of the terms or phrases “Fantastic” or “Fantastic Sams” (collectively, the “Marks”). Without our prior written consent, you will not submit or maintain any information submitted to search engines which incorporates any content from the Digital Services, the Marks, our copyrighted materials or any marks that are confusingly similar to the Marks. You acknowledge that you do not acquire any ownership or license rights by virtue of your access to or use of the Digital Services. You agree not to display or use in any manner the Marks without FSFC's advance written permission.
    2. Submissions. All remarks, suggestions, ideas, graphics, proposals, comments, questions or other information communicated by you concerning FSFC or the Digital Services whether online, by email, by postal mail, or otherwise (collectively, the "Submission(s)") will forever be the property of FSFC and you waive all of your rights therein. You represent and warrant (i) that you have the right to disclose the Submissions, (ii) that the Submissions do not violate the rights of any other person or entity, including, but not limited to, intellectual property rights, such as infringing a copyright, trademark, or patent; violating a right of privacy, attribution or withdrawal; or otherwise misappropriating a trade secret, and (iii) that your Submissions do not contain the confidential or proprietary information of any third party or parties. By sending us any Submissions, you agree FSFC will not be required to treat any Submission(s) as confidential (unless required by law or if FSFC has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future FSFC operations. You hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license, under all intellectual property rights, to use, make, have made, incorporate into the Digital Services, modify, copy, display, perform, distribute, prepare derivative works, publish, distribute, and sublicense the Submissions, without any credit or compensation to you. This Submissions section shall survive any termination of your Account or any aspect of the Digital Services..
  6. User Content
    1. User Content. The Digital Services may contain message boards, chatrooms, profiles, forums, direct messaging and other interactive features that allow users to post, upload, submit, publish, display, transmit, or otherwise make available to other users or other persons information, content or materials (collectively, "User Content") on or through the Digital Services. 

You acknowledge and agree that you are solely responsible for your User Content that you submit or transmit to, through, or in connection with the Digital Services or that you publicly display or displayed in your Account profile, and you, not FSFC, assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in your User Content that makes you or anyone else personally identifiable. Please consider carefully what you choose to share. All User Content must comply with the Terms & Conditions. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of your User Content as described herein. You agree that User Content that you place or that you authorize us to place on the Digital Services may be viewed by other members and may be viewed by any person visiting or participating in the Digital Services. You may not imply that your User Content is in any way sponsored or endorsed by FSFC. You represent and warrant that your User Content does not violate the Terms & Conditions or the rights of any third-party. Any User Content you post on or through the Digital Services will be considered non-confidential and non-proprietary. Finally, you irrevocably waive, and cause to be waived, against FSFC and its users any claims and assertions of moral right or attribution with respect to your User Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in the Terms & Conditions or our other policies (i) to maintain your User Content in confidence, (ii) to pay you any compensation for your User Content or otherwise credit you for your User Content, (iii) to display or accept your User Content, (iv) to respond to your User Content, or (v) to exercise any of the rights granted herein with respect to your User Content.

You agree that FSFC shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Digital Services. FSFC cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the Digital Services. You further agree that FSFC shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

  1. User Content License. You hereby grant to FSFC an irrevocable, non-exclusive, royalty-free and fully paid, transferable, assignable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Digital Services and FSFC's business including, without limitation, for promoting and redistributing part or all of the Digital Services in any media formats and through any media channels. By “use” in the preceding sentence we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform, and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User Content for any purpose. Please note that you also irrevocably grant the users of the Digital Services the right to access your User Content in connection with their use of the Digital Services.
  2. User Content Standards. You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards ("Content Standards"). User Content must not:
  3. Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
  4. Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
  5. Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
  6. Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, libelous, invasive of another's privacy or publicity rights, abusive, threatening, harassing, bullying, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
  7. Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, socio-economic status, political views, or age.
  8. Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
  9. Detrimental to FSFC. Contain any information or material which may bring FSFC under ridicule, contempt, scandal, public disrepute, which shock, insult, or offend the people of this nation or any class or group thereof, reflect unfavorably upon FSFC, or which in the reasonable judgment of FSFC is or may be detrimental to FSFC.
    1. Monitoring and Enforcement. We reserve the right at all times, but are not obligated, to:

(i)       take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Content violates the Content Standards or any other provision in the Terms & Conditions, or creates liability for FSFC or any other person. Such action may include reporting you to law enforcement authorities.

(ii)      remove or reject any User Content for any or no reason in our sole discretion.

(iii)     disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of FSFC or any other person.

  1. Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of the Terms & Conditions.
    1. Statistical Information. We may derive and compile, either manually or automatically, anonymized and aggregated data related to the performance, operation, and use of the Digital Services (“Statistical Information”) including by you, and use such Statistical Information for our business purposes, including for operations management, for research and development, and for sharing with relevant parties. We own the rights in and to such Statistical Information. 

We do not review User Content before it is posted or transmitted on or through the Digital Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, FSFC and its affiliates, and their respective officers, directors, employees, contractors, or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. FSFC shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

  1. License Grant; Use Restrictions
    1. App License Grant. Subject to your compliance with the Terms & Conditions, during the term of the Terms & Conditions, FSFC grants you a limited worldwide, revokable, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. FSFC reserves all rights in and to the App not expressly granted to you under the Terms & Conditions.
    2. Use Restrictions. You agree that you will use the Digital Services only for purposes that are legal, proper, and in accordance with the Terms & Conditions and any applicable laws or regulations. Without limitation, you may not, and may not allow any third-party to: (i) undertake any unlawful activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country; (ii) impersonate another person (via the use of an email address or otherwise); (iii) upload, post, transmit, or otherwise make available through the Digital Services any content that infringes the intellectual or proprietary rights of any party; (iv) operate to defraud FSFC, other users, or any other person; (v) provide false, inaccurate, or misleading information; (vi) use the Digital Services to violate the legal rights (such as rights of privacy and publicity) of others; (vii) engage in, promote, or encourage illegal activity (including, without limitation, tax evasion or money laundering); (viii) harvest or otherwise collect information from the Digital Services about others, including without limitation email addresses, without proper consent; (ix) exploit the Digital Services for any unauthorized commercial purpose; (x) modify, adapt, translate, or reverse engineer any portion of the Digital Services; (xi) remove any copyright, trademark, or other proprietary rights notices contained in or on the Service or any part of it; (xii) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Digital Services or the content posted on the Digital Services, or to collect information about its users for any unauthorized purpose; (xii) create user accounts by automated means, or under false or fraudulent pretenses; or (xiv) access or use the Digital Services for the purpose of creating a product or service that is competitive with any of our products or Digital Services.
  2. Warranty and Liability Disclaimer

FSFC provides the Digital Services and the information, materials, and/or data (collectively, “Information”) contained therein for informational purposes only. We do not warrant or represent the accuracy, availability, reliability, timeliness, completeness, currency, or suitability of any Information available made through the Digital Services. 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, FSFC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

YOU EXPRESSLY AGREE THAT THE USE OF, OR INABILITY TO USE, THE DIGITAL SERVICES IS AT YOUR SOLE RISK. THE DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, FSFC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE DIGITAL SERVICES, OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICE LINKED TO OR INTEGRATED WITH OUR DIGITAL SERVICES. WE DO NOT REPRESENT OR WARRANT THAT (1) YOUR USE OF OUR DIGITAL SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (2) ANY ERRORS IN THE DIGITAL SERVICES WILL BE CORRECTED, (3) THE QUALITY OF THE DIGITAL SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, (4) THE DIGITAL SERVICES WILL BE FREE OF ANY WORMS OR VIRUSES OR ANY CODE OF A MALICIOUS AND/ OR DESTRUCTIVE NATURE, (5) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DIGITAL SERVICES WILL BE ACCURATE OR RELIABLE, OR (6) YOUR USE OF THE DIGITAL SERVICES WILL RESULT IN ANY SPECIFIC OUTCOMES.

FSFC AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE DIGITAL SERVICES OR CONSUMPTION OF ANY CONTENT; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (4) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE DIGITAL SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE DIGITAL SERVICES; (6) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE DIGITAL SERVICES; OR (7) LOSS OR DAMAGED CAUSED BY ANOTHER USER’S VIOLATION OF THE TERMS & CONDITIONS.

  1. Indemnification
    1. Indemnification. You hereby agree to defend, indemnify and hold FSFC and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from and against any and all claims, damages, losses, judgments, demands, actions, proceedings, investigations (whether formal or informal), costs and expenses (including reasonable attorneys' fees), or threats thereof, due to, arising out of or related to (i) your use of the Digital Services, (ii) your breach of any of the provisions of the Terms & Conditions or the documents incorporated herein by reference or hyperlink, and/or (iii) your violation of (a) any law or regulation, or (b) the rights of a third-party.
    2. Indemnification Procedures. In the event of such a claim, suit, or action, we will attempt to provide you notice of the claim, suit, or action at the contact information we have for your Account on file (provided, that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). FSFC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FSFC in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms & Conditions, or your access to the Digital Services, including the purchase or use of any benefits through the Digital Services.
  2. Limitation Of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FSFC AND ITS AFFILIATES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, CONTRACTORS, REPRESENTATIVES, INTERNS, SUPPLIERS, SERVICE PROVIDERS, APP PROVIDERS, OR LICENSORS BE LIABLE OR RESPONSIBLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE TERMS & CONDITIONS OR THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THE DIGITAL SERVICES, INCLUDING, WITHOUT LIMITATION, LOSSES OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE AND EVEN IFA PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IN NO EVENT WILL THE MAXIMUM TOTAL LIABILITY OF FSFC AND ITS AFFILIATES, FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THE TERMS & CONDITIONS OR THE ACCESS TO AND USE OF THE DIGITAL SERVICES, EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THE DIGITAL SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION FIRST ARISES.

Some jurisdictions do not allow the exclusion of certain warranties and limitations of liability provided in this Section. If you are in such a jurisdiction, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted by applicable law.

  1. Notification of Claimed Copyright Infringement

FSFC respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Content infringes the copyright or other intellectual property rights of any person. FSFC will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action in accordance with the Digital Millennium Copyright Act (“DMCA”) and the Terms & Conditions. In the event that you find content posted on one of the Digital Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. 

  1. Filing a DMCA “Take Down” Notification.If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a take-down notification (“Take-Down Notification”) pursuant to the DMCA by providing us with the following information in writing (see 17 U.S.C. § 512 for further detail): 
  2. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  3. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  4. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  5. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  6. a description of the infringing material and the URL where such material is located on the Site or App, or a description of where on the Site or App you found such material;
  7. your written statement that you believe, in good faith, that the use of the work on the Site or App has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  8. a statement under penalty of perjury that all of the information you have provided is true.
    1. Where to Send a DMCA Request. Please send your notice of alleged infringement to: Fantastic Sams Franchise Corporation 500 Cummings Center, Suite 1100, Beverly, MA 01915

Any person who knowingly materially misrepresents that content or an activity is infringing or that any material or activity was removed or disabled by mistake or misidentification, shall be liable to us and possibly others for any damages, including costs and attorneys’ fees incurred by us in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or enabling access to it.

  1. FSFC Has the Right to Terminate Repeat Infringers. In accordance with the DMCA, it is the policy of FSFC to terminate use of the Digital Services by repeat infringers in appropriate circumstances.
  2. Third Party Services and Websites

Certain information, content, products, and services available via the Digital Services may include materials from third-parties or provide you with access to third-party tools, products, and resources over which we neither monitor nor have any control nor input.  Further, third-party links on the Digital Services 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 of any third-party materials or websites, or for any other materials, products, or services of third parties. The views expressed in third-party materials, websites, resources, products, or services are those of such third-party, and do not necessarily reflect our views.

You acknowledge and agree that we provide access to such materials, products, websites, tools, and resources “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant and will not have any liability or responsibility arising from or relating to third-party materials, websites, tools, products, and resources. Any use by you of third-party materials, tools, products, services, and resources 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 such items are provided by the relevant third-party provider(s).

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. You may not use third-party content without that third-party’s permission, or as otherwise allowed by law. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third-party.

  1. Termination

The Terms & Conditions are effective unless and until terminated by either you or us. You may terminate the Terms & Conditions at any time by notifying us that you no longer wish to use the Digital Services, or when you cease using our Digital Services. and delete your Account. Deleting your Account can only be done by sending an email directly at legal@fantasticsams.com with a specific request which will require us to authenticate the request. Thereafter you shall not be able to use the Digital Services until you renew your registration to the Digital Services. Cancelling your Account may cause the loss of certain information you provided us and/or the capacity of your Account. We do not accept any liability for such loss.

FSFC shall have the right to terminate, limit, or suspend your access to, and use of, the Digital Services (or any part thereof) of your Account immediately, if, in its sole discretion, FSFC believes (1) that you fail, or we suspect that you have failed, to comply with any term or provision of the Terms & Conditions, or (2) for any other reason, with or without cause, in FSFC’ sole discretion. Such termination shall be effective immediately, and may result in the destruction of all information and data associated with your use of the Digital Services. FSFC also reserves the right to investigate suspected violations of the Terms & Conditions, including without limitation, any violation arising from any submission, posting or e-mail you make or send to the Digital Services. 

Upon notification to you that your access to the Digital Services is terminated, any right granted to you under the Terms & Conditions shall automatically cease, and you agree that you will: (1) immediately discontinue all use of the Digital Services; and (2) as applicable, pay any amounts owed to FSFC in full within thirty (30) days from the date of such termination. Even after your right to use the Digital Services is terminated, the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination and the Terms & Conditions will remain enforceable against you.

  1. Communications

FSFC may communicate with you using email, phone calls, chatbots and text messages, including autodialed or prerecorded calls and text messages, at any email address or telephone number that you provide us, to: (1) notify you regarding your Account; (2) provide customer support; (3) troubleshoot problems with your Account; (4) resolve a dispute; (5) collect a debt; (6) poll your opinions through surveys or questionnaires; or (7) as otherwise necessary to service your account or enforce the Terms & Conditions, our policies, applicable law, or any other agreement we may have with you.

If you access the Digital Services on mobile devices, or if you request that we send you text messages regarding availability of services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from the Digital Services if you request them or otherwise expressly agree to receive them. By signing up, you provide your consent to receive recurring autodialed marketing texts or other mobile messages from or on behalf of us at the mobile number you've provided. You understand that consent is not a condition of purchase. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. If you would like to be removed from the FSFC marketing text list, you must reply STOP to any mobile message. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to text messaging, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the user opt out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of the Terms & Conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys' fees) and liabilities incurred by us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your Account or the Terms & Conditions.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

  1. Usage Rules; Product Claims

Since you are downloading the App from an third party app store or distribution platform (like the Apple App Store, Google Play or the Amazon App store) where the App is made available (each, an “App Provider”) your use of the App may also be governed by usage rules which the App Provider may have established, and which relate to your use of the App (“Usage Rules”). In addition to the Usage Rules specified in this Section below, it is your responsibility to determine what other Usages Rules are applicable to your use of the App. You undertake to comply with all Usage Rules applicable to your use of the App and these are incorporated herein by reference.

Where any terms set out under in the Terms & Conditions are less restrictive than, or otherwise are in conflict with, applicable terms of the App Providers (including Apple’s usage rules set forth in Apple’s App Store Agreement), the terms of the applicable App Provider will prevail. We acknowledge and you acknowledge and agree that the App Provider(s) (and the App Providers’ subsidiaries) are third party beneficiaries of the Terms & Conditions and that, upon your acceptance of the Terms & Conditions, they will have the right (and will be deemed to have accepted the right) to enforce the Terms & Conditions against you as a third-party beneficiary thereto.

If you accessed or downloaded the App from the Apple App Store, then you agree to use the App only: (1) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (2) as permitted by the “Usage Rules” set forth in Apple’s App Store Agreement.

Subject to the terms of the Terms & Conditions, if you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:

  1. The Terms & Conditions is between you and FSFC, and not with any App Provider, and that, as between FSFC and the App Provider, FSFC, is solely responsible for the App.
  2. App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  3. In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of FSFC to the extent set forth in the Terms & Conditions.
  4. App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  5. In the event of any third-party claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, to the extent required by the Terms & Conditions, FSFC will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
  6. You must also comply with all applicable third-party agreements when using the App.
  7. You agree to comply with all applicable U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto, nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, including without limitation, the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List.
  8. Miscellaneous
    1. User is Responsible for Equipment and Software to Connect to the Digital Services. You must provide all equipment and software necessary to connect to the Digital Services. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Digital Services. You agree that it is your responsibility, and not ours, to obtain and use third party software products that support encryption and other security protocols compatible with such protocols (if any) that may be used by us from time to time in connection with the Digital Services.
    2. Errors, Inaccuracies and Omissions. Occasionally there may be information on the Digital Services that contains typographical errors, inaccuracies, or omissions that may relate to the Digital Services’ descriptions, information, materials, pricing, promotions, and offers. We reserve the right, without prior notice, to (i) correct any errors, inaccuracies, or omissions, and (ii) change or update information or cancel orders, if any information in the Digital Services or on any related website is inaccurate at any time (including after you have submitted an order).

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

  1. Waiver. The failure of FSFC to act with respect to a breach of the Terms & Conditions by you or others does not constitute a waiver and shall not limit FSFC rights with respect to such breach or any subsequent breaches. Any single or partial exercise of a right or remedy by us shall not preclude further exercise or any right or remedy by us. No waiver by us shall be valid unless in writing signed by us.
  2. Entire Agreement. The Terms & Conditions, our Privacy Policy and any other policies or operating rules posted by us on the Digital Services or in respect to the Digital Services constitute the complete and exclusive agreement and understanding between you and us related to the Digital Services, and supersedes 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 & Conditions). Any ambiguities in the interpretation of the Terms & Conditions shall not be construed against the drafting party.. 
  3. Assignment. FSFC may assign its rights and duties hereunder to any party at any time without any notice to you. The Terms & Conditions may not be assigned by you without prior written consent of FSFC. 
  4. Severability. If any provision of the Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. 
  5. Headings. The headings used in the Terms & Conditions are included for convenience only and will not limit or otherwise affect the Terms & Conditions.
  6. Survival. Upon termination, all provisions of the Terms & Conditions, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
  7. Modifications of Terms & Conditions; Modifications to the App.
    1. FSFC reserves the right, at its sole discretion, to change, modify, amend and/or update the Terms & Conditions at any time with or without prior notice to you by posting updates and changes on the Digital Services. We may elect to notify you of such changes by mail, email, posting of a modified Terms & Conditions, or some other similar manner. However, it is your responsibility to check the Digital Services regularly for changes to the Terms & Conditions. Your continued use of or access to the Digital Services following the posting of any such changes, modifications, amendments and/or updates constitutes your acceptance and unconditional agreement to follow and be bound by the Terms & Conditions as so changed, modified, amended and/or updated. 
    2. FSFC may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Additionally, Updates may also modify or delete in their entirety certain features and functionality. You agree that FSFC has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the App and be subject to all terms and conditions of the Terms & Conditions.

Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. In such event that your mobile device does not automatically download and install all available Updates, you agree to promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You give us permission to download and install Updates to the App on your device. This permission can be revoked at any time by deleting the App from your device. 

  1. Dispute Resolution
    1. Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to the Terms & Conditions or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Service (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and FSFC agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of the Terms & Conditions, and that you and FSFC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of the Terms & Conditions.
    2. Exceptions. As limited exceptions to Section 13.1. above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights
    3. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by the Terms & Conditions. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other Party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
    4. Arbitration Costs.Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and each Party shall bear its own costs and expenses of arbitration, including legal fees.
    5. Injunctive and Declaratory Relief.  Except as provided in Section 13.2. above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either Party and may award declaratory or injunctive relief only in favor of the individual Party seeking relief and only to the extent necessary to provide relief warranted by that Party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
    6. Class Action Waiver. YOU AND FSFC AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
    7. Governing Law. The Terms & Conditions and all disputes arising out of or relating to the Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. The Parties acknowledge and agree that any and all disputes will be resolved exclusively in a venue with appropriate jurisdiction located in Essex County, Massachusetts.
  2. Contact Information

If you have any questions about the Terms & Conditions, please contact: webassist@fantaticsams.com