These Terms of Use (“Terms”) governs your use of Bignons Natural Hair Academy website, (“Site”). The Site is collectively referred to as the Services. You automatically agree to these Terms, and Bignons Natural Hair Academy’s Privacy Policy, just by using the Services. If you do not agree, please do not use these Services. We may revise these Terms at any time. We’ll post notice of modifications to these terms on this page. Your continued usage of these Services will mean you accept those changes. If you do not agree to the modified terms, please discontinue your use of the Service.
2. ELIGIBILITY
By visiting the Service and accepting these Terms, you represent and warrant to Bignons Natural Hair Academy that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms. You also represent and warrant to Bignons Natural Hair Academy that you will use the Services in a manner consistent with any and all applicable laws and regulations.
3. USE RESTRICTIONS
The content on these Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Bignons Natural Hair Academy’s licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Any use of the Contents not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Bignons Natural Hair Academy or its licensors.
As long as you comply with these Terms, Bignons Natural Hair Academy grants you a non-exclusive limited, non-transferable license to use the Services. You may not distribute or make the Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Services. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof.
Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades Bignons Natural Hair Academy implements to replace and/or supplement the original Services, unless the upgrade is accompanied by separate or updated Terms. If you violate any of these Terms, you may no longer use the Contents and you must immediately destroy any copies you have made of any portion of the Contents. You may not, without Bignons Natural Hair Academy’s written permission, “mirror” any Contents contained in these Services or any other server. You may not use the Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means. Bignons Natural Hair Academy reserves the right, in its sole discretion, to terminate your access to the Service, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
4. USER SUBMISSIONS
The personal information you submit to Bignons Natural Hair Academy is governed by the Bignons Natural Hair Academy Privacy Policy. To the extent there is an inconsistency between the Terms and the Privacy Policy, the Privacy Policy shall govern.
Except as provided under Submission of Ideas (below), Bignons Natural Hair Academy does not claim ownership of any information or material a user provides to Bignons Natural Hair Academy or posts, uploads, input, submits, or transmits to these Services (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not:
(a) make any Submission that is an advertisement or solicitation of business;
(b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form);
(c) post a chain letter or pyramid scheme; impersonate another person;
(d) distribute viruses or other harmful computer code;
(e) harvest or otherwise collects information about others, including email addresses, without their consent;
(f) post the same note more than once or engage in “spamming”; or
(g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Bignons Natural Hair Academy, exposes Bignons Natural Hair Academy or any of its licensors, partners, or customers to any liability or detriment of any type.
By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Bignons Natural Hair Academy. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Bignons Natural Hair Academy a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Bignons Natural Hair Academy is not required to use any Submission. You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Bignons Natural Hair Academy is not responsible for the consequences of any Submission. Bignons Natural Hair Academy is not responsible for screening or monitoring Submissions made to this Services by users. If notified by a user of a Submission allegedly in violation of these Terms, Bignons Natural Hair Academy may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Bignons Natural Hair Academy will have no liability or responsibility to users for performance or nonperformance of such activities.
Bignons Natural Hair Academy reserves the right (but is not obligated) to:
(a) record the dialogue on the Services;
(b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission;
(c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms;
(d) terminate a user’s access to any or all parts of the Service upon any breach of these Terms or the law;
(e) monitor, edit, or disclose any Submission;
(f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms.
5. SUBMISSION OF IDEAS
The policy of Bignons Natural Hair Academy is to not accept or review unsolicited ideas or suggestions from persons outside Bignons Natural Hair Academy. Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to Bignons Natural Hair Academy through these Services or otherwise shall be the property of Bignons Natural Hair Academy and may be treated by Bignons Natural Hair Academy as non-confidential information. Bignons Natural Hair Academy shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.
6. PROMOTIONS Any and all offers or promotions advertised on these Services are void where prohibited and are subject to the posting of any official rules to such offers or promotions.
7. LIABILITY OF BIGNONS NATURAL HAIR ACADEMY AND ITS LICENSORS AND PARTNERS
The use of the Services or the Contents is at your own risk. The Contents in this Services could include technical inaccuracies or typographical errors. Bignons Natural Hair Academy may make changes or improvements at any time.
THE CONTENTS IN THIS SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIGNONS NATURAL HAIR ACADEMY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BIGNONS NATURAL HAIR ACADEMY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIGNONS NATURAL HAIR ACADEMY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BIGNONS NATURAL HAIR ACADEMY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BIGNONS NATURAL HAIR ACADEMY ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY BIGNONS NATURAL HAIR ACADEMY ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.
8. YOUR ACCOUNT
If you use these Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Bignons Natural Hair Academy reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
9. CONTACT WITH THIRD PARTIES AND THIRD-PARTY WEBSITES
The Services may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”). Bignons Natural Hair Academy does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness. Bignons Natural Hair Academy is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Services. You agree that Bignons Natural Hair Academy shall have no liability for any loss or damage of any kind incurred as a result of any dealings between you and any third party, or because of the presence of such third party on the Services. The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Services does not indicate Bignons Natural Hair Academy’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Services or based on such third party’s participation or presence on the Services, are solely between you and the third party. Bignons Natural Hair Academy makes no representations or warranties regarding the content, ownership, or legality of any linked third-party website. If you choose to leave the Services to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.
10. SMS TERMS
If you opt in to text/SMS messages, you expressly consent to receive recurring admissions support messages from Bignons Natural Hair Academy at the mobile number you provided. These messages may contain information to help you decide on your education goals, directions to our schools, and provide interactive assistance from our career planning specialists. You understand that consent is not a condition of purchase. We refer to this SMS program as “Bignons Natural Hair Academy”, or “Bignons Natural Hair Academy Beauty Alerts”. Message and data rates may apply. Message frequency will vary. You can text HELP if you need assistance. More help at info@bignonshairacademy.com Or STOP to opt-out from Bignons Natural Hair Academy text/SMS messages. After texting HELP or STOP to our short code you may receive an additional message confirming that your request has been processed. When you text “HELP”, you will receive this message: “Bignons Natural Hair Academy Beauty Alerts. More help at info@bignonshairacademy.com. Message frequency will vary. Msg&Data rates may apply. Reply STOP to cancel.” When you text “STOP”, you will receive this message: “Bignons Natural Hair Academy Beauty Alerts are STOPPED. No more messages will be sent.” Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Bignons Natural Hair Academy, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We can deliver messages to most major mobile phone carriers. Please review our Privacy Policy for more information on how we use the information you provide to us.
11. INDEMNITY
You agree to defend, indemnify, and hold Bignons Natural Hair Academy, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Contents, or your violation of these Terms.
12. MODIFICATION OR SUSPENSION OF THE SERVICES
You agree that Bignons Natural Hair Academy may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.
13. APPLICABLE LAWS
These Terms are governed in accordance with the laws of North Carolina, United States of America, without regard to its conflict of law provisions. You and Bignons Natural Hair Academy hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of North Carolina, North Carolina for the adjudication or disposition of any claim, action or dispute arising out of these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Bignons Natural Hair Academy makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
14. MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Bignons Natural Hair Academy or Bignons Natural Hair Academy’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Bignons Natural Hair Academy may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND BIGNONS NATURAL HAIR ACADEMY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate. The arbitration will be conducted by JAMS under its rules, including the JAMS Consumer Minimum Standards The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration.
You and Bignons Natural Hair Academy must abide by these rules:
(a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief;
(b) Bignons Natural Hair Academy will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Bignons Natural Hair Academy will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation;
(c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
(d) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law. Other than disputes regarding the validity of the class action waiver contained herein, which disputes may be resolved only by a civil court of competent jurisdiction, all disputes regarding the scope and validity of this arbitration agreement will be resolved by the arbitrator. Except for subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Pennsylvania.
15. NOTICE AND TAKE DOWN PROCEDURES
If you believe any Submission accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from these Services by contacting Bignons Natural Hair Academy (address identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;
(b) Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;
(c) Your name, address, telephone number, and (if available) email address;
(d) A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;
(e) A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and •
(f) A signature or the electronic equivalent from the copyright holder or authorized representative. Our address for copyright issues relating to this website is as follows:
Bignons Natural Hair Academy
School Administrator
6932 N. Tryon Street Suite 5
Charlotte, NC 28213
Email: info@bignonshairacademy.com
If you receive a notification of alleged copyright infringement, and believe that the claim is erroneous, you may submit a counter-notification to Bignons Natural Hair Academy Designated Agent within thirty (30) days of the date the Content was removed from the Services. A counter-notification must be a written communication that includes substantially the following:
- Identification of the material that has been removed or disabled and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number, and e-mail address.
- A statement “under penalty of perjury” that you have a good faith belief that the material was removed or disabled because of mistake or misidentification of the material.
- A signature or the electronic equivalent of the person submitting the counter-notification.
Upon receipt of a counter-notification in accordance with the above, Bignons Natural Hair Academy shall promptly provide the complaining party with a copy. The complaining party shall have within ten (10) business days to inform Bignons Natural Hair Academy that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services. If Bignons Natural Hair Academy receives such notification within ten (10) business days, Bignons Natural Hair Academy shall not replace the removed Content or cease disabling access to it. If Bignons Natural Hair Academy does not receive such notification from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity on the Services, then Bignons Natural Hair Academy shall replace the removed Content or cease disabling access to it within four (4) business days following the expiration of the ten (10) business day deadline.
In accordance with the DMCA and other applicable laws, Bignons Natural Hair Academy may, in appropriate circumstances, at Bignons Natural Hair Academy sole discretion, terminate access to the Services of any user that Bignons Natural Hair Academy finds to be a repeat infringer. Bignons Natural Hair Academy reserves the right to define the criteria by which Bignons Natural Hair Academy will determine that a user is a “repeat infringer.” If “repeat infringer” is defined by statute, law, or regulation as applicable to 17 USC § 512, Bignons Natural Hair Academy will adopt that definition as a minimum standard. Without limiting Bignons Natural Hair Academy right to define “repeat infringer,” as a rule, Bignons Natural Hair Academy will define a “repeat infringer” as any person or entity about whom Bignons Natural Hair Academy has received three or more DMCA notifications of alleged infringement in accordance with the procedures outlined above. Bignons Natural Hair Academy will consider all relevant facts and circumstances when determining whether termination of access and/or use privileges of a “repeat infringer” is appropriate.
If you believe that a user is a repeat infringer, please follow the instructions above to contact Bignons Natural Hair Academy Designated Agent and provide information sufficient for us to verify that the user has been determined to be in violation of the DMCA repeatedly.
To protect the rights of copyright owners, Bignons Natural Hair Academy maintains a policy for the termination, in appropriate circumstances, of users of these Services who are repeat infringers.
15. COMPLETE AGREEMENT
Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Bignons Natural Hair Academy on this Services, these Terms, including Bignons Natural Hair Academy Privacy Policy, constitute the entire agreement between you and Bignons Natural Hair Academy with respect to the use of the Services and Contents.
