TERMS OF USE

eSalon.com, a Delaware Limited Liability Corporation, its successors and assigns ("eSalon") operates this website at the www.eSalon.com, or any successor website (the "Site"). You may only use the Site if you agree with these Terms of Use (eSalon.com/terms) and with the Privacy Policy (eSalon.com/privacy). If you do not agree, please do not use the Site.

Right and License to Use

eSalon grants you the limited, non-exclusive right and license to make personal use of the Site and to buy products and services from eSalon. This license does NOT include any right to resale or commercial use of the Site or its contents; any right to collect and/or use any product listings, descriptions, or prices; any right to use the look and feel of the site, to copy the Site or to make derivative use of the Site or its contents; any right to download or copy account information for the benefit of another business or person; or any right to use of data mining, robots, or similar data gathering and extraction tools. You may not use any metatags or other hidden text utilizing eSalon's name or trademarks without eSalon's express written consent. eSalon reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion. Any other type of commercial use is prohibited. If you are under 18, you may use the Site only with the direct involvement of your parent or guardian.

Ownership

eSalon's name, logo, the contents and materials on the Site, software, designs, graphical elements and data are, unless otherwise indicated, the property of eSalon or its licensors, and are covered by United States and international trademark, copyright and other intellectual property laws. None of the foregoing may be reproduced, duplicated, copied, appropriated, sold, resold, or used for commercial purposes unrelated to eSalon without the prior written consent of eSalon. Any unauthorized use of eSalon's intellectual property would result in the termination of the license and rights hereby granted and may result in civil and/or criminal prosecution.

Links/Frames

eSalon grants you the nonexclusive revocable right to post text hyperlinks to any section of the Site as long as the link does not portray eSalon, its officers, employees, affiliates and/or partners in a false, misleading, derogatory, defamatory or otherwise offensive or damaging manner. You agree that you will remove any such link at eSalon's written instruction. The granted right to post links to the Site does not imply the right to use eSalon's logo or other trademarks unless eSalon consents in writing. In addition, you may not frame or use framing to enclose any trademark, logo or other proprietary information of eSalon without eSalon's express written consent.

User Accounts

A client who wishes to purchase products or services from the Site needs to create an account. In order to establish an account, you will create your own login password. You will have the ability to change your login password. Thereafter, you will only have to enter your email address associated with your account along with your login password to access your account. Should you lose or forget your login password, our system will automatically send it to your email address. In the event you cannot remember which email address you used, please call eSalon at 1-866-550-2424.

If you intend to post any User Content to the Site, then you also will have to create an account if you don't have one already. You will also need to choose the "display name" that will be shown on the Site accompanying your User Content, which need not be your actual name, and we recommend your use of a "display name" for privacy purposes.

It is important that you keep all of your account information, including without limitation your billing, shipping, and hair color profile/preferences, updated and current. On the Site, you will be able to manage your account information directly.

Love Your Hair Service

The easiest way to make purchases on the Site is to join the Love Your Hair Service, our subscription service, in which eSalon will automatically send your next order of eSalon products on the delivery frequency of your choice. Each time eSalon ships a product to you, eSalon will charge the credit card saved in your account for the cost of the hair product(s), any applicable taxes and shipping charges. As a user of the Love Your Hair Service, you still have the flexibility to make adjustments to your hair color formula online; you just need to let us know before we prepare your upcoming hair color product for delivery. Once your account has been completed and your first order shipped, you may turn off the Love Your Hair Service at any time by logging in to your account and choosing the delivery settings option, or by calling eSalon's (800) telephone number. Your cancellation will not affect your obligation with respect to any product that already has been prepared for upcoming delivery to you. You may also restart your Love Your Hair Service at any time on our Site.

From time to time eSalon may offer promotions to people who want to become eSalon clients. These promotions may be specific for new clients and therefore not applicable to existing or previous clients and may be limited to one per household, one per credit card, one per address, or one per email address. eSalon reserves the right to determine if a promotion meant for a new client is applicable.

Some promotions are only available to clients who are participating in eSalon's Love Your Hair Service.

AFTER YOU TERMINATE THE LOVE YOUR HAIR SERVICE WE WILL NOT PREPARE ANY MORE PRODUCTS FOR YOU AND YOUR CREDIT CARD WILL NOT BE CHARGED.

Prices

eSalon reserves the right to modify its pricing at any time, by posting new prices on the Site. Any such price changes will only affect any purchases made after such new pricing is posted on the Site. In addition, if you are enrolled in the Love Your Hair Service, new pricing will only affect deliveries made more than 30 days after any price increase.

Refer a Friend

When you invite friends to join eSalon.com, you will receive a $20 referral credit in your account for each friend who makes a Qualified First Time Hair Color Purchase ("Referral Credit"). The Referral Credit for a “Qualified First Time Hair Color Purchase” will be applied to your account once the order ships. Your friend must be a new customer (this offer excludes existing or returning customers). There is no limit to the amount of Referral Credits you can earn. You can track your Referral Credits by visiting the Refer A Friend section by logging into your account. Referral Credits will accrue in your account and do not expire, and are automatically applied to your Love Your Hair Service orders or other purchases at checkout.

If two people refer the same friend, the Referral Credit is applied to the account of the referral link used to make the purchase, regardless of which link was received first. Limit to one Referral Credit per new email address registered on eSalon.com.

You may not use spam or send unsolicited emails to people you do not know personally to collect referrals.

Referral Credits may not be bartered, exchanged or sold, and have no cash value by themselves and cannot be redeemed for cash, and only have a notional cash value of $20 when used in connection with an eligible purchase on eSalon.com.

eSalon.com reserves the right to cancel your Referral Credits at its discretion if it determines you have violated these terms or our Terms of Use, including through fraudulent or misleading referral activity.

eSalon.com reserves the right, at any time and without prior written notice, to add , remove or otherwise change the terms of the Refer A Friend program and the issuance and use of Referral Credits.

User Content

By posting any text, graphics, voice and/or audio files, photographs, illustrations, or videos to the Site, including without limitation any user reviews, photos, textual or video testimonials or comments (collectively, "User Content") you grant eSalon a nonexclusive, royalty-free, perpetual, irrevocable, worldwide, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivate works from, distribute, and display such User Content on a worldwide basis in any media. You represent and warrant to eSalon that you own all rights to the User Content you submit or post to the Site or that you have obtained appropriate license rights from the owner in order to grant eSalon the license set forth in the preceding sentence, and that the User Content is accurate, not misleading, that it does not include profanity, that it will not cause harm to eSalon or to any other person or entity, that it will not infringe the rights of any person or entity, and that it will not be libelous or defamatory. You agree to indemnify and defend eSalon and its partners for any claims resulting from User Content you provide. eSalon has the right but not the obligation to monitor or edit any User Content. eSalon takes no responsibility and assumes no liability for any User Content you post or submit to the Site.

Product Descriptions

eSalon attempts to describe its products as accurately as possible. However, eSalon does not represent or warrant that the product descriptions or related content on the Site is accurate, complete or up to date. Your remedy in the event that eSalon"s description is inaccurate is to return the product in accordance with the return policies described under "Satisfaction Guaranteed" below.

Copyright Complaints

If you have reason to believe that there is any material, content or work on the Site that infringes intellectual property you own or control, please let us know in writing by following the procedures set forth below (which track the requirements of the Digital Millennium Copyright Act (DMCA)). Your notification to eSalon must include all of the following components:

  • (1) A physical or electronic signature of the copyright owner of the right, or the person who has been delegated the right to act on behalf of the owner;
  • (2) Identification of the copyrighted work that you claim has been infringed (or a list of works infringed if more than one work is affected);
  • (3) Identification of the material or content that you believe to be infringing and should be removed from the Site, or access to which should be disabled; please provide very specific information about the work and location of the infringement;
  • (4) Information that enables eSalon to contact you, including address, telephone number and email address where you may be reached;
  • (5) Your statement that you have a good faith belief that use of the material on the Site is not authorized by the copyright owner, its agent or the law; and
  • (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you own the right(s) infringed, or are authorized to act on behalf of the owner of the right(s) infringed.

Please send your notification to the eSalon's Copyright Agent (or email it) as follows:

Copyright Agent
Legal Department
eSalon.com, LLC
10361 Jefferson Blvd
Culver City, CA 90232

email notification: copyright@esalon.com

Modifications to the Terms of Use

eSalon may modify its Terms of Use, its Privacy Policy or any other company policy at any time and at its sole discretion. Unless noted otherwise in a specific policy, modifications to the Terms of Use, Privacy Policy or any other company policy shall become effective within 48 hours from the time the modifications are posted to the Site. It is your responsibility to monitor modifications and your continued use of the Site implies your acceptance of such modifications. In the event you do not agree with the terms of any such policies included in such modification(s) you should stop using the Site.

Product Warranties

HAIR COLOR DIFFERENCES ARE LIKELY TO OCCUR FOR MULTIPLE REASONS, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF YOUR RESPONSES TO ESALON'S QUESTIONS AND/OR PROMPTS, THE COLOR SETTINGS ON YOUR MONITOR, THE MANNER IN WHICH YOU TREAT THE PRODUCTS AND THE CARE WITH WHICH YOU FOLLOW THE INSTRUCTIONS AND CAUTIONS THEREON, AND YOUR PARTICULAR HAIR COLOR APPLICATION TECHNIQUE. ESALON DOES NOT REPRESENT OR WARRANT THAT YOUR HAIR COLOR RESULTS WILL BE IDENTICAL TO THAT OF THE PHOTOS DISPLAYED ON THE SITE. ESALON DOES NOT MAKE ANY REPRESENTATION OR WARRANTIES REGARDING DELIVERY TIMES.

Safety Precautions/Warnings

ESALON PRODUCTS CONTAIN INGREDIENTS WHICH CAN CAUSE ALLERGIC REACTIONS, AND IN RARE CASES SUCH REACTIONS CAN BE SEVERE. YOU AGREE TO FOLLOW ALL SAFETY PRECAUTIONS, WARNINGS AND INSTRUCTIONS SET FORTH ON THE PRODUCT PACKAGING AND IN THE COLORING GUIDE AND PERSONALIZED INSTRUCTIONS. TO VIEW THE LIST OF INGREDIENTS USED IN ESALON PRODUCTS AND THE REFERENCED PRECAUTIONS AND WARNINGS, PLEASE VISIT WWW.ESALON.COM/SAFETYPRECAUTIONS.

Site Warranties

THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INCLUDING ALL SITE CONTENT, IS AT YOUR SOLE RISK. ESALON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE MATERIALS AND CONTENT ON THE SITE. ESALON DOES NOT REPRESNET OR WARRANT THAT MATERIALS AND CONTENT ON THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE.

ESALON DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD ENSURE THAT YOUR COMPUTERS ARE PROTECTED BY USING RECOGNIZED ANTIVIRUS SOFTWARE.

Limited Liability

IN NO EVENT SHALL ESALON BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREON OR RESULTING FROM USING ESALON PRODUCTS. IN THE EVENT THAT ESALON IS FOUND LIABLE TO YOU OR TO A THIRD PARTY FOR ANY REASON, OUR LIABILITY IS LIMITED TO THE GREATER OF (A) ANY SUMS YOU HAVE PAID US IN THE LAST 12 MONTHS PRIOR TO THE ACTION THAT CAUSED THE LIABILITY OR (B) $100 (ONE HUNDRED DOLLARS). SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ESALON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (COLLECTIVELY THE "PROVIDER") FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS OR ANY ACTIVITY RELATED TO YOUR INTERNET ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR INTERNET ACCOUNT.

Applicable Law; Arbitration

The Site's Terms of Use, Privacy Policy, any other eSalon policy, and any transactions shall be governed and construed in accordance with the laws applicable in the State of California. Subject to the following paragraph, you agree and consent to the exclusive jurisdiction of any state or federal court in Los Angeles County, and both you and eSalon waive any right to a jury trial.

Any dispute, claim or controversy arising out of or relating to this Site or the Terms of Use or Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California before a single arbitrator(s) with expertise in ecommerce. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, and the arbitrator shall apply the laws applicable in the State of California. Judgment on the Award may be entered in any court having jurisdiction as specified in the previous paragraph. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys' fees of the prevailing party in proportion to the parties' relative success on the merits (including the successful assertion of any defenses). The arbitrator shall determine the "prevailing party" for this purpose.

Satisfaction Guaranteed

If you are not completely satisfied with your eSalon products, at your choice, we will either send you a new hair color formulation (or replacement hair care product) or issue a refund for your purchased items. To request a new reformulation (or replacement hair care product) or to request a refund, please contact us within 30 days from the date of your purchase at www.eSalon.com/refunds. Shipping costs are not refundable. eSalon reserves the right to limit refunds or reformulations (including product replacements) to one per client per product.

Returns

eSalon will issue a refund only for unused products returned within 30 days of the purchase date. Refunds are processed within 10 business days once eSalon has received the merchandise back. Shipping and handling fees are not refundable and eSalon reserves the right to limit refunds to one per client per product.