Thank you for visiting the Wigshack.com Website operated by A Cut Above, Inc. (“A Cut Above”) and its Affiliates. “Affiliates” includes any other entity controlling, controlled or under common control with A Cut Above, where “control” means the possession, directly or indirectly, of the power to direct the management of an entity, whether through voting securities, contract or otherwise.

Your use of this Site constitutes your agreement to follow and be bound by these Terms of Use (“Terms”). We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review these Terms whenever you visit our Site.

Site Contents

Unless otherwise noted, all materials on this Site, including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property in such materials (“Content”) are owned, controlled or licensed by A Cut Above and its Affiliates. Content is provided solely for your personal, noncommercial use. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.

Comments, Suggestions and Submissions

Any comments, reviews, suggestions, ideas, images, videos, submissions or other communications submitted or offered to us (“Your Comments”) will be and remain the property of A Cut Above. Submission of Your Comments, whether via email, postal mail, or otherwise, will constitute an assignment to A Cut Above of all worldwide rights, title and interest to all intellectual property rights in Your Comments. We will be entitled to use, reproduce, disclose, publish and distribute Your Comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Your Comments will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Your Comments will not contain libelous, threatening, defamatory or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our Site.

Product Display and Information

We attempt to display the products featured on our Site as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture or detail will be accurate. On occasion, the Site may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, sizing, fabrication, color or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.

The content provided on this Site (including Content and Your Comments) is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition. Submissions or opinions expressed on this Site are that of the individual expressing such submission or opinion and may not reflect our opinions.

International Access

This Site may be accessed from countries other than the United States and may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Site Transactions

We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.

Risk of Loss

Title to the items purchased and therefore the risk of loss pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale.

Your Account Security

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.

Please see further discussion of site security in our Privacy Policy.

Links to Other Websites

This Site may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites which you use at your own risk.

Disclaimer

This Site and Content are provided on an “as is” basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this Site is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this Site.

Indemnification

You agree to defend, indemnify, and hold A Cut Above (including their officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, related to or arising out of your use of the Site and/or your breach of the Terms.

Dispute Resolution, Choice of Law and Forum

In the event of any claim, action or dispute related to or arising out of any wigshack.com transaction, your use of this Site, or the breach, interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to A Cut Above, notice will be sent to A Cut Above, Attention: Legal Department, 216 Davis St, Oakville, CT 06779. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and A Cut Above agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this Site or the Terms will be resolved only by state or federal courts located in Oakville, CT. The Terms will be construed in accordance with the laws of the State of CT, without regard to any conflict of laws provision.

Miscellaneous

Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this Site.

 

Effective: Jan 2015