Terms of Use

Updated March 31, 2024.

Welcome to the OUAI website located at www.theouai.com (the “Site”). By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service"), regardless of whether you are a registered user of the Site. If you do not agree to these Terms of Service, then do not use the Site.

These Terms of Service are effective as of the date posted above and we will not be bound by any additional or different terms on other documents that are inconsistent with these terms. We may modify or update these Terms of Service at any time by posting the amended terms on the Site and such terms shall be effective for all use of the Site and any services or information offered on the Site, including information about participating in our programs (“Services”) once they are posted. Your continued access of the Site and/or use of the Services provided on the Site following the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. We, in our sole discretion, may also add, delete or change some or all of the features of the Site or our Services at any time.

These Terms of Service govern your access and use of the Site and all content, services and/or functions or activities provided through the Site. Please read these Terms of Service carefully before using the Site. If you violate any of these Terms of Service (which include by reference our Privacy Policy and our Consumer Health Data Privacy Policy or otherwise violate an agreement between you and us, we may terminate your registration, delete your profile from the Site, cancel your order(s) and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site), at any time in its sole discretion, with or without notice.

As used herein, “User” or "Users" means anyone who accesses and/or uses the Site.

 

  1. Description of the Services

    Subject to the terms and conditions specified herein, the Site offers Users information regarding us and our programs. The Site also offers Users the possibility of applying to our programs, obtain information about the programs, communicate through certain functions provided on the Site or access our social media sites.

  2. Collection of Personal Data

    Certain of our Services, including signing up for updates regarding our programs or participate in certain functions provided by the Site, require Users to provide personal data, as detailed in our Privacy Policy. If you wish to obtain information regarding the Services, we may direct you away from the Site to a third-party site.

    You agree by providing personal data to us or through a third-party site: (i) to these Terms of Service; (ii) to provide true, accurate, current and complete information; (iii) to maintain and promptly update the information to keep it true, accurate, current and complete; (iv) for security reasons, to maintain the confidentiality of personal data; (vi) to ensure that you properly exit from your account at the end of each session and to immediately notify us of any unauthorized use of your account or any other breach of security; and (vii) to take full responsibility for all activities that occur under any customer account created for your use.

    We are not responsible for any loss or damage arising from your failure to comply with the foregoing requirements. If you provide any information that is untrue, inaccurate, not current or incomplete, or to which you do not have rights, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

    Consumer Health Data Privacy Policy.  Our Consumer Health Data Privacy Policy (the “Health Privacy Policy”)  is hereby incorporated into, and forms an integral part of, these Terms. From time to time, you may furnish to us, either directly or through our third-party agents, with “Consumer Health Data” (as the term is so defined within the Health Privacy Policy), provided however, you may only furnish us with such Consumer Health Data through the following communication channels: (email) info@theouai.com, or (mail) Ouai Haircare, ATTN: Privacy, 5750 Wilshire Blvd, Suite 655, Los Angeles, California 90036. For the avoidance of you doubt, except to the extent you complete a survey from us, you may not, under any other condition, upload or otherwise input in this Site (whether via a chat-box, interactive form, or other online communication platform) any Consumer Health Data whatsoever. To the extent you furnish us with Consumer Health Data in accordance with the foregoing, you hereby represent and warrant the following: (i) you will comply with the information disclosure requirements set forth herein, (ii) you have read and understood the Health Privacy Policy, and (iii) you have the lawful right, authority, and necessary consent to provide us with Consumer Health Data. You hereby acknowledge and agree that failure to adhere to, or otherwise comply with, these conditions, representations, and the Health Privacy Policy is a material breach of these Terms. You agree to fully and completely defend, indemnify, and hold harmless Ouai, its affiliates, licensors, and service providers for any harm, loss, and damages incurred from a breach of these Terms.   

     

  3. Eligibility

    This Site is intended solely for Users who are over the age of 13 and any registration by, use of or access to the Site by anyone who is not over 13 is unauthorized, unlicensed and in violation of these Terms of Service. By using the Service or the Site, you represent and warrant that you are over 13 and that you agree to and abide by all of the terms and conditions of these Terms of Service. If you violate any of these Terms of Service, or otherwise violate an agreement between you and us, or for any other reason, we may terminate your registration and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Service or the Site), at any time in our sole discretion. You agree that we will not be liable to you or any third party for any termination of your membership.

  4. Proprietary Rights

    We retain all right, title and interest in and to the Services, as well as all data, information, content and materials provided on the Services. We further retain all right, title and interest in and to the business processes, procedures, methods and techniques used within the Services and all patent rights, copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights therein existing anywhere in the world ("Intellectual Property") to such Services. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are our proprietary property with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

  5. Content of Site and Products

    We are not responsible if information on the Site is not accurate, complete or current. Any reliance on the material on the Site is at your own risk. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

    Information on the Site may contain typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.

    We undertake no obligation to update, amend or clarify information on the Site, except as required by law. No specified update to the Site should be taken to indicate that all the information in the Site has been modified or updated.

  6. Content Submitted by Users

    By providing information through the Site or social media links on the Site, including any comments or other submissions (“Submission”), you certify that your Submission consists of original material to which you have all the rights; that your Submission does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, privacy or any rights creating claims for idea misappropriation or the right of publicity; that your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and that your Submission does not include any private or personally identifiable information regarding any third party.

    You further acknowledge that your Submission becomes our exclusive property; that any Submission will not be returned or kept confidential; that we are not obligated to use or pay you for the Submission; that we may publish the Submission in perpetuity in all markets worldwide and in any and all media now know or hereafter discovered, including the Site; that we may edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services; that the Submission may be edited for length, clarity and/or functionality; that we may display your first name and first initial of your last name in conjunction with the Submission; that we may restrict comments or distribution of the Submission to certain parts of our Site and to certain Users; and that your Submission may be shared with legal authorities if we believe it is warranted or pursuant to a verified request.

  7. Prohibited Conduct

    You agree to use the Site and Service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable law, rules or regulations. You may not:

    • sell or resell any products purchased and/or samples that you purchased or otherwise received from us;
    • use the Service in any manner that could damage, disable, overburden, or impair the Service, or interfere with any other party's use and enjoyment of the Service;
    • attempt to gain unauthorized access to the Site, the Service, or the computer systems or networks connected to the Service through hacking, password mining or any other means;
    • create user accounts by automated means or under false or fraudulent pretenses;
    • transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
    • defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
    • upload, post, email or transmit, or otherwise make available through the Service any inappropriate, defamatory, infringing, obscene, or unlawful content;
    • upload, post, email or transmit, or otherwise make available through the Service any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you are the owner of such rights or have the permission of the owner to post such content;
    • upload, post, email or transmit, or otherwise make available through the Service any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
    • run Mail list, Listserv, or any form of auto-responder or "spam" on the Service;
    • use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site, including to engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;
    • interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service, including to utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over the Site's pages, or otherwise affect the display of the Site's pages;
    • impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any materials;
    • remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
    • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Service or collect information about its Users for any unauthorized purpose;
    • submit content that falsely expresses or implies that such content is sponsored or endorsed by us, any of its affiliates or any third parties;
    • use the Service for any illegal or unauthorized purpose (including, without limitation, in violation of any United States federal and state laws or regulations, or equivalent laws or regulations in foreign jurisdictions;
    • promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual;
    • share or disclose with anyone any information obtained through the Service about any investment offerings; or
    • use the Service for any commercial purpose whatsoever other than for your personal use.

  8. Gift Cards

    Notwithstanding anything contained in these Terms of Service, OUAI eGift Cards ("OUAI Gift Cards") are not returnable or refundable for cash except in states where required by law. Resale of OUAI Gift Cards is strictly prohibited.

    OUAI Gift Cards may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts).

    By purchasing OUAI Gift Cards, you are certifying and representing to us that the activities in connection with which the OUAI Gift Cards will be used will comply with these Terms of Service and all applicable laws, rules and regulations, and that OUAI Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to us or to consumers. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of us in connection with your use of OUAI Gift Cards or violation of any of these Terms of Service. Lost or stolen cards will not be replaced. We are not liable to you for (i) lost or stolen OUAI Gift Cards, or (ii) the use of any OUAI Gift Cards by third parties through your account. You are solely responsible for keeping the password for your account safe and for any activity conducted under your account.

  9. Linked Sites

    The Site may contain links to other Internet Sites, applications and resources. Links found on the Site may let users leave the Site and go to sites operated by parties other than us. We do not endorse, and are not responsible or liable in any way for, any content, advertising, services or goods on or available from such Sites, applications or resources. The linked sites are not under the control of us and we are not responsible for the contents of any linked site or any link contained in a linked site that is not owned and operated by us, or any changes or updates to such sites. Such links to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by us, or any of our affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between us, or any of our affiliates, and any linked third party or their content. We do not assume any responsibility or liability for the actions, products, content and/or information of these and other third parties and/or their sites. Third parties’ sites are not subject to our Terms of Service and Privacy Policy. You should carefully review their privacy statements and other conditions of use.

  10. Disclaimers

    You understand that the processing and transmission of communications relating to the use of the Site or the Services, including your data, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting to various networks or devices. Therefore, you agree that we will not be liable for the timeliness, deletion, mis-delivery or failure to store any data, information or content transmitted by you through the Site.

    WE PROVIDE THE SITE AND THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    We make no representation or warranty that (i) the Site or the Services will meet your expectations or requirements, (ii) the Site or the Services will be uninterrupted, timely, accurate, secure, complete or error-free, (iii) any results or information that may be obtained from the use of the Site or the Services will be accurate, timely, complete or reliable and (iv) any errors in any software used on the Site or in connection with the Services will be corrected. Operation of the Site may be interfered with by numerous factors outside of our control including, but not limited to, telecommunications network disruptions. We are not responsible and will have no liability for any failures of the Internet or any data or telecommunications equipment, system or network used in connection with the Site or the Services.

    While we have endeavored to create a secure and reliable Site, we are not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters. We and our affiliates shall not be liable for damages as a result of any delay or other failure of performance due to causes beyond our reasonable control including, without limitation, acts of God, acts of customer or any of its representatives, acts of military or civil authorities, fire or other casualty, strikes, lockouts, weather, pandemic, epidemic, war, riot, terrorism, telecommunications interruptions or computer viruses. The Site may be temporarily unavailable from time to time for maintenance or other reasons.

  11. Limitation on Liability

    IN NO EVENT SHALL WE, OUR AFFILIATES OR OUR LICENSORS, TOGETHER WITH EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

    TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AGGREGATE OF THE FEES PAID BY YOU OR US FOR THE SERVICES DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT ANY CLAIM ARISES, OR (B) $100.

  12. Indemnity

    You agree to defend, indemnify and hold us and our affiliates, together with each of our respective employees, agents, directors, officers and shareholders, harmless from and against all liabilities, losses, claims, damages, costs and expenses (including reasonable attorneys' fees and costs) arising out of (i) your use or misuse of the Site or the Services, (ii) your breach or alleged breach of these Terms of Service, and (iii) your violation of any law, rule, regulation or rights of others in connection with your use of the Site or the Services.

  13. Termination

    You agree that we, in our sole discretion and without prior notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. In the event of termination of your account, we may delete and/or store, in our discretion, data associated with your use of the Site. In the event of termination, we have no further obligations to you.

  14. Miscellaneous

    This Agreement constitutes the entire agreement between you and us with respect to your access and use of the Site and the Services and supersedes all prior and contemporaneous agreements between you and us. If any of the provisions of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then that provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The provisions of Sections 3-7, and 10-16 shall survive any termination of these Terms of Service.

    This Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are not responsible for compliance with any and all local laws and regulations that may apply to such access.

    The laws applicable to the interpretation of this Agreement shall be the laws of the State of California and applicable federal law, without regard to any conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the county of Los Angeles, California. You also agree that, in the event any dispute or claim arises out of or relating to your use of the Site or the Services, that you and we will attempt in good faith to negotiate a written resolution of the matter directly between the parties. You agree that if the matter remains unsettled for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, all parties shall join in mediation services in Los Angeles, California with a mutually agreed mediator to settle the dispute. Should you file any arbitration claims, administrative or legal actions without first having attempted to resolve the matter by mediation, then you will not be entitled to recover attorney's fees, even if you would otherwise be entitled to them.

  15. Assignment

    We may assign these Terms of Service at any time to a subsidiary or parent or to a successor to our business as part of a merger or sale of substantially all of our assets. You may not assign or transfer these Terms of Service. If any provision of this Terms of Service is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

    For any questions or comments, or to report violations of this agreement, including receipt of spam or unwanted communications from a user, contact us at info@theouai.com with “Terms of Service” in the subject line of your email.