Policies & Terms
Review our legal policies, terms of service, and privacy practices. These documents govern your use of our products and services.
Mannered Manes operates through multiple entities. Each policy lists the controlling entity responsible for that service.
Our Legal Entities
MM Grooming LLC
Mannered Manes Inc.
Store & Physical Products
Privacy Policy
Controlled by: MM Grooming LLC+
Privacy Policy
Controlled by: MM Grooming LLCThis Privacy Policy sets out how MM Grooming LLC doing business as Mannered Manes (“Mannered Manes”, “we”, “our” or “us”) uses and protects any information that you, the user, provide when you visit the website, www.manneredmanes.com (“Website”), or use our Mannered Manes mobile application (“App”) (collectively, “Service”). Except as otherwise provided herein, this Privacy Policy applies to all services offered by us through our Service. Except as otherwise provided herein, this Privacy Policy applies only to information collected through our Service and not to information collected offline.
This Privacy Policy does not cover the information practices of third parties, including other companies that may advertise on our Service. In addition, the Service may contain links to third-party websites. Please note that once you click on such a link, you will have left our Service and should be aware that we do not have any control over third-party websites. Use of third-party websites, and collection of information by those parties, are governed by their privacy policies. We encourage you to exercise caution and review their privacy policies before using their websites. Nonetheless, we seek to protect the integrity of our Service and welcome any feedback about these third-party websites.
Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Service. By accessing or using our Service, you agree to this Privacy Policy. We may revise and update our Privacy Policy from time to time, and all updates will be posted on this page. Unless otherwise required by law, your continued use of our Service after we make changes is deemed to be acceptance of those changes, so please check the Privacy Policy periodically for updates.
Please also visit our Terms and Conditions establishing the use, disclaimers and limitations of liability governing the use of our Service here.
1. INFORMATION WE COLLECT
The categories of information we collect can include:
- Information you provide to us directly. We may collect personal information, such as your name, phone number, mailing address, location, payment information, and e-mail address when you register for our Service, take our personalized haircare survey, order products, or otherwise communicate with us. We may also collect any communications between you and Mannered Manes and any other information you provide to Mannered Manes.
- Data collected through the use of the Service. We collect information about how you use the Service and your actions on the Service.
- Location Information. We collect your unique user identifier and your location through GPS, WiFi, or wireless network triangulation in order to obtain your location for the purposes of providing our Service. We maintain location information only so long as it is reasonable to provide the Service and then delete location data tied to your personal information. We may maintain de-identified location data for a longer period of time in order to analyze aggregate trends and metrics. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the Service's access to your location data. Please see “Control Over Your Information” below to learn more.
- Information we receive from third parties. From time to time, we may receive information about you from third party information providers, or through mergers and acquisitions, and combine this with information previously collected. In these cases, this Privacy Policy governs the handling of the combined personal information.
We use this information to operate, maintain, and provide to you the features and functionality of the Service, as well as to communicate directly with you, such as to send you email messages and push notifications, and invite others to join the Service. We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices). For more information about your communication preferences, see "Control Over Your Information" below.
2. HOW WE USE THE INFORMATION WE COLLECT
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company without your consent, other than as specified in this Privacy Policy.
We will use your Personal Information for our legitimate interests, meaning our interests in conducting our business, fulfilling orders and processing transactions, and managing and providing services to you, which include the following:
- Providing, maintaining and improving our business;
- Fulfilling orders and processing transactions;
- Managing and providing services to you;
- Responding to your questions, concerns, and other requests for assistance;
- Customizing your browsing and shopping experience on the Service. We use information about your browsing and shopping activities to bring you a custom shopping experience, by offering products and advertisements tailored to your interests (please see our Cookies section below);
- Keeping you informed of administrative changes to our Service, including changes to our terms and conditions and other policies, and other information regarding our Service;
- Analyzing Service statistics, such as usage and experiences impacting your browsing experience. We use this information to patch bugs and resolve other issues to present you with the best possible browsing experience. We also use cookies and other technologies to analyze how our customers interact with our Service, which helps us improve its functionality;
- Conducting market research, which informs our marketing strategy and enables us to present you with a browsing experience tailored to your interests. For example, we create user profiles to enable personalized direct marketing communications;
- Maintaining basic records, so that we may respond to and honor your requests to delete your data and prohibit future unwanted processing;
- Preventing fraud, criminal activity, and misuses of our Service. We also use this information to block prohibited resellers from accessing our Service and to safeguard the security of our Service, as well as our infrastructural security;
- Complying with legal obligations and process, and to safeguard our rights, privacy, safety, and property, as well as your rights, privacy, safety, and property, and that of our affiliates and third parties;
- Administering special offers, including contests, promotions, surveys, and other interactive Service experiences;
- Enabling us to publish your reviews, photos, videos and other content;
- Communicating with you, including through email. We may use the email address which you provide for order processing to send you information and updates about your orders, as well as occasional news, updates, and information about our company and related products and services. If at any time you would like to unsubscribe from receiving future emails, please refer to the detailed unsubscribe instructions at the bottom of each email;
- Notifying you about special offers and products or services available from us, our affiliates or our partners that may be of interest to you.
3. HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We retain Personal Information for only as long as it is deemed necessary, to fulfill the purposes identified or as required by law. Please note that the retention period for Personal Information may extend beyond your relationship with us. We use the following criteria to determine retention periods:
- Purchased products or participation in a promotional offer: Your Personal Information is retained for the duration of our contractual relationship with you;
- Contact with us for general inquiries: Your Personal Information is retained for the duration needed to process your inquiry;
- Creation of a Mannerd Manes account: Your Personal Information will be retained until you require us to delete it or after a reasonable period of inactivity;
- Your subscription to our direct marketing: Where you have consented to direct marketing, we retain your Personal Information until you unsubscribe or require us to delete your information;
- Personal Information collected through cookies: We keep cookies on your computer for as long as necessary to achieve their purposes (e.g., for the duration of a session for shopping cart cookies or session ID cookies).
Personal Information no longer necessary or relevant for its identified purposes or no longer required to be retained by law, shall be securely destroyed, erased, or made anonymous.
4. HOW WE PROTECT AND STORE YOUR INFORMATION
We are committed to making sure your privacy is protected when you use our Service and when we collect information from you. We take the security of your information seriously and implement a variety of security measures to maintain the safety of all Personal Information you provide. We also make sure that third parties we use to process your Personal Information also use appropriate security measures to protect your data.
When we collect sensitive information like your credit card information, that information is encrypted and securely transmitted. For example, we use a secure server for transmitting sensitive information. All supplied sensitive/credit card information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our payment gateway providers database only to be accessible by those authorized with special access rights to such systems and are required to keep the information confidential. You can verify that this sensitive information is being transmitted securely by looking for “https” at the beginning of the address of the webpage.
After a transaction is completed, your sensitive information will not be stored on our servers.
The safety and security of your information also depends on you. We urge you to be careful about entering information on public computers or on public networks.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or stored on our Service.
5. DO NOT TRACK (DNT) SIGNALS
We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
We may also work with third-party partners who employ tracking technologies or the application of statistical modeling tools to determine if two or more devices are linked to a single user or household so that content you see on one device can result in relevant advertising on another device, to perform analytics, and to measure the performance of our advertising campaigns.
Although we do our best to honor your privacy preferences, we are unable to respond to Do Not Track signals set by your browser.
6. COOKIES
Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser. Cookies enable websites or service providers’ systems to recognize your browser and capture and remember certain information. For example, you may use our cookies to stay logged in when you exit a browser window. You may read more about cookies at https://www.allaboutcookies.org/.
We and our third-party technology providers use cookies and other technologies to automatically collect information you provide to us and information about how you access and use our Service. We and our third-party technology providers use this information for different purposes. First, we and our third-party technology providers use “Strictly Necessary Cookies” to carry out essential services of our website including, but not limited to, tracking sign-ups and processing payments. Second, we and our third-party technology providers use “Analytics Cookies” to understand how users arrive and use our site. Third, we and our third-party technology providers use “Functional Cookies” to make our site more user-friendly and give visitors a better browsing experience, such as the opportunity to leave product reviews. Finally, we and our third-party technology providers use “Marketing Cookies” to facilitate our marketing activities, as well as to facilitate targeted advertising designed to show you personalized ads based on predictions of your preferences and interests developed using information from our site and information our third-party technology providers obtain from your activity over time and across nonaffiliated websites and other services.
Some cookies (Strictly Necessary Cookies) are so essential to the functioning of our website that you cannot opt out of them. However, you can choose to accept, decline, or withdraw consent to other cookies. Be aware that disabling cookies may prevent you from using certain features or services on our Service.
Browser Opt-Out: Most browsers have a “help” button or section on the toolbar. If you click on this button or section, you will find information about turning on and off cookies and how to receive notifications when a new cookie is received.
Additionally, many advertising services allow you to opt out of targeted advertising. You may find more information in the resources available at the Network Advertising Initiative, http://www.networkadvertising.org.
Mobile devices: Note that these resources may not work to turn off cookies on mobile devices. Every mobile device is different. Here are some resources for turning off cookies for popular mobile browsers:
- Mozilla Firefox (Android)
- Google Chrome
- Apple Safari
When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our App (including, for example, a UDID, Unique ID for Advertisers ("IDFA"), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device's location by analyzing other information, like an IP address.
Additionally, many advertising services allow you to opt out of targeted advertising. You may find more information in the resources available at the Network Advertising Initiative, http://www.networkadvertising.org , and may opt out of Facebook and Instagram, Google, and Bing target ads by visiting the links below:
7. CONTROL OVER YOUR INFORMATION
Profile and Data Sharing Settings: You may update your contact information, such as your name, and may change some of your data sharing preferences by emailing us at hello@manneredmanes.com.
Access to your Device Information: You may control the App’s access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the App to access your address book, location, photo stream, and camera.
How to control your communications preferences: You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., transactional communications, changes/updates to features of the Service, technical and security notices).
Modifying or deleting your information: If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at hello@manneredmanes.com. We may not be able to modify or delete your information in all circumstances.
8. DISCLOSURE TO THIRD PARTIES
Other than as described herein, we do not sell, trade, or otherwise transfer to third parties your personally identifiable information. We may share your Personal Information with other companies and brands owned or controlled by Mannered Manes. (which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns) for the purpose of operating our Service, conducting our business and servicing you, including providers of hosting, cloud services and other information technology services providers for the management or hosting of the Service; payment processors; order and subscription management and fulfillment services; e-commerce platforms; rating and reviews platforms; email communication and customer support services; and web analytics, marketing and digital advertising services, so long as those parties agree not to use the information for their direct marketing purpose, to keep this information confidential and use appropriate security measures to protect your data. We may also disclose your information as required under applicable law, to enforce the policies of our Service, or to protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. In the event of a merger, acquisition, reorganization, bankruptcy, receivership, or sale or transfer of all or a portion of our assets, your Personal Information may be transferred to a successor or affiliate or other entity surviving out of the event.
9. SMS TEXT MESSAGING
We use Iterable, used in conjunction with Twilio, to manage text messaging. You may review Iterable’s privacy policy here, and Twilio’s privacy policy here. If you opt in to receive mobile text messages from us, you will receive messages at the phone number you provide at the time you opt in. For help, you may contact us at hello@manneredmanes.com with “SMS Text Messaging” in the subject line. If you would like to stop receiving text messages, please log in to your Mannered Manes account and visit your communication settings in your Account Settings, or reply STOP to any Mannered Manes text message at any time. Message and data rates may apply. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.
10. CALIFORNIA CONSUMER PRIVACY ACT
Effective January 1, 2020, if you are a California resident, then you have the following rights:
You have the right to request that we disclose to you, not more than twice in a 12-month period, the personal information about you that we collect, use, and disclose during the 12-month period preceding your request, which shall include as follows:
- The categories of personal information that we have collected about you
- The categories of sources from which the personal information is collected
- The business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom we share that personal information
- The specific pieces of personal information we have collected about you
- The categories of personal information that we have disclosed about you for a business purpose.
You have the right to request the deletion of the personal information that we have collected from you.
You have the right not to be discriminated against because you exercised your rights under this section of the Privacy Policy, and we will not discriminate against you for doing so.
We do not sell and have not sold consumers’ personal information in the preceding 12 months.
For purposes of exercising your rights above, please note the following regarding how we collected and used your personal information during the 12-month period preceding the effective date of this Privacy Policy:
We collect the categories of personal information as recited in this Privacy Policy in the section entitled “Information We Collect.”
We disclose the following categories of personal information for a business purpose: Identifiers such as your first and last name, alias, postal address, IP address, and email address; payment information; commercial information; Internet or other electronic network activity information; visual or similar information.
We use the above categories of personal information for our legitimate interests, meaning our interests in conducting our business, fulfilling orders and processing transactions, and managing and providing services to you, which include the activities set forth in the above section of this privacy policy entitled “How We Use the Information We Collect.”
Effective January 1, 2020, if you wish to submit a request under the California Consumer Privacy Act, please click here to fill out a request form. You may also email us at hello@manneredmanes.com with the subject line “California Consumer Privacy Act Request.” You may have an authorized agent contact submit a request under the California Consumer Privacy Act on Your behalf; however, we require You (1) provide the authorized agent with signed permission to do so and (2) verify Your own identity. If the authorized agent is not an individual having power of attorney, We also require (3) You directly confirm that You provided the authorized agent permission to submit the request.
We will need to verify your identity to enable us to process your request. The verification process will include a two-step verification process, where you must enter the email address associated with your Mannered Manes account (or, for non-account holders, the email address we have on file for you), receive an email with an authentication code, and enter the code when prompted to do so. Disclosure and deletion are subject to our receipt of a verifiable consumer request and exceptions or limitations established by applicable laws and regulations. Disclosure and/or deletion will not be completed if a consumer request cannot be verified.
11. CANADA’S PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT (PIPEDA)
If you are a Canadian resident, then you have the following rights:
You have the right to request that we disclose to you, the personal information about you that we collect, use, and disclose, which shall include as follows:
- The categories of personal information that we have collected about you
- The categories of sources from which the personal information is collected
- The business or commercial purpose for collecting or selling that personal information
- The categories of third parties with whom we share that personal information
- The specific pieces of personal information we have collected about you
- The categories of personal information that we have sold about you and the categories of third parties to whom the personal information was sold
- The categories of personal information that we have disclosed about you for a business purpose.
You have the right to challenge the accuracy and completeness of the personal information that we have collected from you.
You have the right to withdraw your consent to Our collection, use, and disclosure of your personal information.
The Service is governed by and operated in accordance with data privacy laws of the United States and Canada, and is intended for the enjoyment of residents of the United States and Canada. We make no representation that the Service is governed by or operated in accordance with the laws of any other nation. By using the Service, or providing us with any Personal Information, you (a) acknowledge that the Service is subject to data privacy laws of the United State and Canada, (b) consent to the collection, processing, maintenance, and transfer of such information to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in Canada, and (c) waive any claims that may arise under those laws.
If you are a Canadian resident, and provide your consent, your Personal Information will be transferred and stored outside of Canada to the United States for purposes described in this Privacy Policy. Whenever we store or transfer your Personal Information outside of Canada, we will do so in accordance with applicable U.S. law and will implement appropriate safeguards.
You have a right to access the Personal Information we have about you. Upon written request and authentication of identity, we will provide you with your Personal Information. We may charge you a reasonable fee for doing so. We will make the information available within a reasonable time, and in any event within the timelines established by PIPEDA. In some instances, we may not be able to provide access to certain personal information (e.g., if disclosure would reveal Personal Information about another individual, the personal information is protected by solicitor-client or litigation privilege). We may also be prevented by law from providing access to certain personal information. If we refuse an access request, we will notify you in writing and document the reasons for refusal.
We will make a reasonable effort to ensure that the Personal Information we use or disclose is accurate and complete. Since the Personal Information we collect is provided directly by users, we rely on you to provide accurate personal information about yourself. However, if you demonstrate that the Personal Information we have about you is inaccurate or incomplete, we will amend your Personal Information as required. If appropriate, we will send the amended information to third parties to whom the information has been disclosed.
We will use or disclose your personal information only for the purposes set out in this privacy policy and as authorized by law. We will destroy, erase, or make anonymous documents or other records containing Personal Information as soon as it is reasonable to assume that the original purpose is no longer being served by retaining the information, and retention is no longer necessary for a legal or business purpose. We will take due care when destroying personal information so as to prevent unauthorized access to the information.
If you are a Canadian and wish the exercise rights afforded to you under PIPEDA, please contact us at the following mailing and email addresses:
Email: hello@manneredmanes.com , with “PIPEDA Privacy Request” in the subject line of your email. Mailing Address: 10 Grand Street Brooklyn, NY 11249
12. NEVADA ONLINE PRIVACY LAW
If you are a Nevada resident, you have the right to submit a request directing us not to make any sale of personally identifiable information we have collected or will collect about you. We do not sell your personal information. To request confirmation that we do not sell your personal information, please send an email to hello@manneredmanes.com with “Nevada Privacy Information” in the subject line of your message.
13. PROTECTING CHILDRENS’ PRIVACY
We are a general audience site. Our Service, products, and services are all directed to people who are at least 13 years of age or older. We do not knowingly collect, use or disclose any information from anyone under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we discover that we have inadvertently collected information from anyone under 13 years of age, any information regarding that user will be promptly deleted. If you believe we might have any information from or about anyone under 13 years of age, please contact us by using the information below in the “Contact Us” section of this policy.
14. CHANGES TO OUR PRIVACY POLICY
Unless otherwise required by law, it is our policy to post any changes we make to our Privacy Policy on this page with a notice that the Privacy Policy has been updated on our Website home page. If we make material changes to how we treat the information collected from our users, we will notify you through a notice on our Website home page. The date the Privacy Policy was last revised is identified at the top of the page. We may also notify you of any material changes by sending an email to you. You are responsible for periodically visiting our Website and this Privacy Policy to check for any changes.
15. HOW TO CONTACT US
If you have any questions or concerns regarding this Privacy Policy or data processing, if you would like to change or access the Personal Information we have collected from you, or if you would like to make a complaint, you may contact us using the information below. You may also be able to refer a complaint to your local data protection regulator if you are not satisfied with the way we handled your complaint.
Email: hello@manneredmanes.com Mailing Address: MM Grooming LLC., 5900 Balcones Drive, Suite 100, Austin, TX 78731, USA.
Return Policy
Controlled by: MM Grooming LLC+
Return Policy
Controlled by: MM Grooming LLCWe have a 30-day return policy, which means you have 30 days after receiving your item to request a return. To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. To start a return, you can contact us at help@manneredmanes.io. Please note that returns will need to be sent to the following address: [INSERT RETURN ADDRESS] If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted. You can always contact us for any return question at help@manneredmanes.io.
Damages and issues Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exceptions / non-returnable items Certain types of items cannot be returned, like perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalized items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale items or gift cards.
Exchanges The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
European Union 14 day cooling off period Notwithstanding the above, if the merchandise is being shipped into the European Union, you have the right to cancel or return your order within 14 days, for any reason and without a justification. As above, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
Refunds We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method within 10 business days. Please remember it can take some time for your bank or credit card company to process and post the refund too. If more than 15 business days have passed since we’ve approved your return, please contact us at help@manneredmanes.io.
Terms of Service
Controlled by: MM Grooming LLC+
Terms of Service
Controlled by: MM Grooming LLCThis End User License Agreement and Terms of Service (collectively, these "Terms") constitutes a legal agreement between MM Grooming LLC. doing business as Mannered Manes ("Mannered Manes", "we", "our", or "us") and you that governs your access to, and use of, our Mannered Manes mobile application ("App"); our web site at manneredmanes.com ("Site"); and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this End User License Agreement and Terms of Service is provided (collectively, including the Site and App, our "Service"). These Terms are a legally binding contract between you and Mannered Manes regarding your use of the Service. PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY DOWNLOADING OR USING OUR APP, ACCESSING OR USING OUR SITE OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE MANNERED MANES PRIVACY POLICY. If you are not eligible, or do not agree to these Terms, then please do not use the Service. You acknowledge and agree that, as provided in greater detail in these Terms:
- the App is licensed, not sold to you, and you may use the Service only as set forth in these Terms;
- your use of the Service may be subject to separate third party terms of service and fees, including without limitation the terms of service and data, SMS, MMS, and other fees of your mobile network operator (the "Carrier"), which are your sole responsibility;
- the Service is provided "as is" without warranties of any kind and Mannered Manes's liability to you is limited;
- disputes arising hereunder will be resolved by binding arbitration. BY ACCEPTING THESE TERMS, YOU AND MANNERED MANES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Our rights will be determined by a neutral arbitrator and NOT a judge or jury, and your claims cannot be brought as a class action. Please review Section 19 below for the details regarding your agreement to arbitrate any disputes with Mannered Manes;
- access to certain features of the service may require access to information from your mobile device as described in the Mannered Manes Privacy Policy ; and
- if you are using the App on an iOS-based device, you agree to and acknowledge the "Special Terms Regarding Apple", below.
Service Description.
As part of the Service, Mannered Manes may allow you to provide us information about yourself through a survey for the design and creation of personalized haircare products that you may purchase through the Service (the "Products").
Eligibility.
You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Product Designs.
As part of the Service, Mannered Manes may provide you with designs and renderings for personalized haircare products (the "Designs"). The provision of a Design by Mannered Manes in no way creates a production guarantee or commitment on behalf of Mannered Manes. These Designs are for demonstration only and the actual Products you receive may differ from the Designs for many reasons, including, without limitation, Mannered Manes's manufacturing requirements and specifications.
Accounts and Registration.
4.1. Mannered Manes Account. To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at hello@manneredmanes.com.
4.2. Third Party Accounts. In order to download the App, you may be required by the third party who is distributing or providing you access to the App, such as Apple, Inc. (each, a "Distributor") to create an account. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Distributor. Your use of any account with a Distributor is subject to any terms, conditions, and policies, including privacy policies, of that Distributor. Mannered Manes is not responsible for any act or omission of any Distributor.
Licenses.
The terms of this Section 5 govern your acquisition and use of our App and the Service. 5.1. Limited License. Subject to your complete and ongoing compliance with all the terms and conditions set forth in these Terms (including, without limitation, compliance with all license restrictions), Mannered Manes hereby grants you: (1) a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App downloaded from a legitimate marketplace (such as Apple's iTunes store), solely in object code format and solely for your personal use for lawful purposes, on a single compatible device that you own or control; and (2) permission to access and use the Service solely through the use of a licensed copy of the App.
5.2. License Restrictions. You may not reproduce, distribute, publicly display, or publicly perform the App or any part of the Service. Except if, and solely to the extent that, such a restriction is impermissible under applicable law, you may not: (a) decompile, reverse engineer, or otherwise access or attempt to access the source code for the App, or make or attempt to make any modification to or derivative work of the App; or (b) interfere with or circumvent any feature of the App, including without limitation any security or access control mechanism. You may not use the App or the Service for any purpose other than a purpose for which the App and the Service are expressly designed. The term App, as used herein, includes any update or modification to the App made available to you by Mannered Manes (unless provided with separate terms). If you are prohibited under applicable law from using the App or the Service, you may not use them.
5.3. Carrier Services and Fees. Mannered Manes does not provide you with the equipment to use the App. You are responsible for complying with any third party terms of service and paying all fees charged by third parties to access and use the App (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your use of the Service (such as data, SMS, MMS, roaming, and other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier.
5.4. Feedback License. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvement to the Service ("Feedback"), then you hereby grant Mannered Manes an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
5.5. SMS/Text Message Alerts. By consenting to Mannered Manes’s SMS/text messaging service, you agree to receive SMS/text messages with service, transaction, account-related, and promotional news and alerts from Mannered Manes to your mobile phone number provided, even if your mobile number is registered on any state or federal Do Not Call list. You certify that your mobile number provided is true and accurate and that you are authorized to enroll the designated mobile number to receive such text messages and calls. You acknowledge and agree that the text messages and calls may be sent using automated technology, including through an automatic telephone dialing system. Message and data rates may apply from your carrier. Consent to receive text messages is not required as a condition of purchase. Check your mobile plan and contact your mobile carrier for details. You are solely responsible for all charges related to SMS/text messages and calls, including charges from your mobile carrier. You can unsubscribe from receiving order status updates and/or promotional messages at any time. To unsubscribe from all text messages at any time, text STOP, END, CANCEL, UNSUBSCRIBE or QUIT to 646-974-8300 or reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to any text message you receive from Mannered Manes. You may receive one final text message from Mannered Manes confirming your request. For help, text HELP to 646-974-8300 or contact us at hello@manneredmanes.com.
Mannered Manes SMS Marketing Program will let customers know about updates to their subscription plan as well as any relevant updates to their orders. The program is meant to keep customers in the know about any exciting product launches and offers they will want to redeem. You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@manneredmaneshair.com. Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://manneredmanes.com/legal.
General Payment Terms.
Certain features of the Service, including, without limitation, the ordering of Products, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise stated in our refund policy.
6.1. Mannered Manes reserves the right to determine pricing for the Service, including the price of the Products. Mannered Manes, at its sole discretion, may make promotional offers with different features and different pricing to any of Mannered Manes's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. Mannered Manes collects applicable taxes on sales of Products and fees for the Service made through the App and/or Site. For orders where sales taxes are applicable you will see the tax(es) calculated on the checkout page before you are asked to confirm the purchase.
6.2. You authorize Mannered Manes or its third party payment processor to charge all sums for the orders of Products that you make and fees for the Service as described in these Terms or published by Mannered Manes, to the payment method you provide us. If you pay any fees with a credit card, Mannered Manes or its third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
6.3. We require you to set up a valid payment method for your account. We reserve the right to charge your selected payment method for any amounts due under the Terms of Service or for any purchase or subscription amounts. If there is a problem with charging your selected payment method, we may charge any other valid payment method associated with your account. You authorize us to charge any payment method associated with your account, including if your selected payment method is declined or no longer available to use for payment. You are responsible for all purchases using the payment method associated with your account. "Payment method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.
Location-Based Services.
Some of the features of the Service may enable Mannered Manes to access your location in order to tailor your experience with the Service based on your location. Please refer to the Mannered Manes Privacy Policy for information on how we collect, use and disclose your location information.
Ownership; Proprietary Rights.
The Service is owned and operated by Mannered Manes. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the "Materials") provided by Mannered Manes are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service (including any and all Designs) and all intellectual property rights therein and thereto, are the property of Mannered Manes or our third-party licensors. Except as expressly authorized by Mannered Manes, you may not make use of the Materials. Mannered Manes reserves all rights to the Materials not granted expressly in these Terms.
Third-Party Terms.
9.1. Third-Party Services and Linked Websites. Mannered Manes may provide tools through the Service that enable you to export and import information to and from third party services, including through features that allow you to link your account on Mannered Manes with an account on a third party service, such as through our implementation of third party buttons. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.
Open Source Software.
The Service may include open source software or third party software. Any such software, if applicable, is made available to you under the terms of the applicable licenses.
Privacy.
Please read the Mannered Manes Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Mannered Manes Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.
Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO, NOR PERMIT ANYONE ELSE TO, INDIRECTLY OR DIRECTLY: 12.1. perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, falsifying your age or date of birth, forging headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through the Service, or posting content in fields that are not intended for that content; 12.2. use the Service (including the submission, transmission, modification, addition, or deletion of any content available through the Service) for any illegal or improper purpose, or in violation of any local, state, national, or international law, or for any purpose other than your personal, non-commercial purposes; 12.3. violate, or encourage others to violate, the rights of Mannered Manes or third parties, including by infringing or misappropriating any Mannered Manes third party intellectual property or other proprietary rights; 12.4. remove any copyright, trademark or other proprietary rights notices contained on the Service; 12.5. post, upload, or distribute any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships; 12.6. interfere with security-related features of the Service, including, without limitation, by: (i) sharing use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique; (ii) participating in the Service if you are not the original recipient of a passcode or password; (iii) disabling or circumventing features that prevent or limit use or copying of any content; or (iv) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law; 12.7. interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) sending unsolicited or unauthorized offers, advertisements, or other forms of solicitation to other users of the Service; (iii) attempting to collect personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; or 12.8. attempt to do any of the foregoing in this Section 12, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 12. The foregoing actions shall constitute a material breach of these Terms.
Content you submit to Mannered Manes.
From time to time, Mannered Manes may allow you to submit reviews, comments, photos, or similar materials to the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to Mannered Manes must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.
By submitting a Review to the Site, you hereby grant Mannered Manes an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you submit to the Site, for any purpose, including promoting and marketing Mannered Manes and the Products. You further grant Mannered Manes a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you submit to the Site. By submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by Mannered Manes through the Site, you represent, warrant, and covenant that (i) you either are the sole and exclusive owner of Reviews that you submit to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Mannered Manes the rights in your Reviews as contemplated under the Terms, and (ii) the Reviews you submit to the Site do not (A) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (B) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (C) require Mannered Manes to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.
You agree not to submit Reviews that: (i) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Mannered Manes in its sole discretion; or (ii) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.
Mannered Manes reserves the right to select, in its sole discretion, and without notice, Reviews for inclusion among those featured on the Site (collectively, “Featured Reviews”). Mannered Manes has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Review and remove, delete, redact or otherwise modify such Reviews from the Featured Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Mannered Manes has no obligation to display or post any Reviews, and if a Review has been displayed or included as a Featured Review, Mannered Manes has no obligation to maintain, monitor, or continue to display any Review. Mannered Manes, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.
Special Delivery Terms for Canadian Customers
For orders of Products through the Site, you hereby authorize an approved customs broker to act as your agent, and to transact business with US Customs and Border Protection, the Canadian Border Services Agency, or other applicable Governmental Authority to obtain release of Products, account for duties and taxes, return Products, and electronically submit refund claims on your behalf. Products are shipped from the U.S. by DHL as shipping service provider and broker. Delivery of and transfer of title to these Products to you occurs upon tender of the Products to the carrier prior to importation into Canada. For these shipments, you are the importer of the Products into Canada. Mannered Manes collects your estimated applicable tax(es) at checkout (with the GST/HST collected by Mannered Manes as an agent for you importing the goods into Canada), the billing of these import taxes (duties and GST/HST) will be shown on the customers' invoices as "Taxes". Any PST collected on the actual sales will be shown separately as PST.
Modifications to the Terms.
We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Generally, modifications to the Terms are effective upon publication, provided that if the changed Terms materially modify your rights or obligations, the changes are effective upon the earlier of (a) your using the Service with actual knowledge of the change, or (b) your acceptance of the modified Terms, and further provided that disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose. If you do not accept the changed Terms, you may not continue to access and use the Service.
Term and Termination of these Terms.
15.1. Term. As between you and Mannered Manes, the term of these Terms commences as of your first use of the Service and continues until the termination of these Terms by either you or Mannered Manes.
15.2. Termination. If you violate any provision of these Terms, your permission to use the Service will terminate automatically. You may terminate these Terms by sending written notification to Mannered Manes at hello@manneredmanes.com and terminating all other uses of the Service. Mannered Manes reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Service. Mannered Manes may further terminate these Terms for any other reason upon 10 days' notice to you using the email address associated with your account credentials or immediately in the event that your email address is no longer current.
15.3. Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Service; (ii) you will no longer have access to your account; and (iii) any provision that by its nature or express terms should survive will survive such termination or expiration, including Sections 3, 5.4, 6, 8, 11, 12, 13, 14.3, and 15 - 22.
15.4. Modification of the Service. Mannered Manes reserves the right to change, suspend, or discontinue all or any part of the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without prior notice. We will have no liability whatsoever because of any change to the Service or any suspension or termination of your access to or use of the Service.
Indemnity.
You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Mannered Manes or any of its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Mannered Manes Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use or misuse of, or alleged use or misuse of the Service; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Disclaimers; No Warranties.
17.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE MANNERED MANES ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE MANNERED MANES ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE ACCURATE, UP TO DATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
17.2. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS.
17.3. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING MANNERED MANES DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT MANNERED MANES IS PROHIBITED FROM DISCLAIMING UNDER THE APPLICABLE LAW.
Health Related Information.
The information contained in the Service AND WITH THE PRODUCTS is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Service (including, but not limited to, information that may be provided on the App or the Site OR WITH THE PRODUCTS about THE BENEFITS OF PERSONALIZED haircare treatments) for diagnosing or treating a health problem or disease, or prescribing any medication or medical products. Information and statements regarding the Products, AND THE PRODUCTS THEMSELVES, haVE not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
Limitation of Liability.
19.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MANNERED MANES ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), IN EACH CASE WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE MANNERED MANES ENTITIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MANNERED MANES ENTITIES BE LIABLE FOR ANY DIRECT DAMAGES ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 USD).
19.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Governing Law and Arbitration.
20.1. These Terms shall be governed and interpreted in accordance with the laws of the State of New York, U.S.A. without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods.
20.2. YOU AND MANNERED MANES AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The foregoing shall not prevent Mannered Manes from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.
20.3. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Miscellaneous.
21.1. Assignability.You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
21.2. No Waiver. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
21.3. Interpretation.Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
21.4. Severability.In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
21.5. Additional Terms. Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the "Additional Terms"), such as rules applicable to particular features or content on the Service. All Additional Terms are hereby incorporated by reference into, and made a part of, these Terms.
21.6. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us and other users as further described in the Mannered Manes Privacy Policy. Please read the Mannered Manes Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
21.7. Contact Information. The Services hereunder are offered by MM Grooming LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731, USA. You may contact us by sending correspondence to the foregoing address or by emailing us at hello@manneredmanes.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
21.8. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service.
Special Terms Regarding Apple.
This Section only applies to the extent you are using our mobile application(s) on an iOS device. You acknowledge that these Terms are between you and Mannered Manes only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe third party's intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby 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.
Entire Agreement.
These Terms, together with the Mannered Manes Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Mannered Manes regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms.
Questions About Our Policies?
If you have any questions about our legal policies or need clarification, our team is here to help.