Unless we link to a different policy or state otherwise, these Terms of Use (the “Agreement”) apply to the relationship between you (“user” or “you” or “your”) and us, Harper Ellis Hair Co., LLC (“HEHC” the “Company”, “we”, “us”, or “our”), with respect to your use of the Services (as defined herein) and Education Products (as defined herein).

For purposes of this Agreement:
(a) “Services” means all websites, products, services (including but not limited to the Education Products) and all software and platforms owned, operated, licensed to or used by HEHC or its affiliates in connection therewith–of which you are a user and through which HEHC provides services, education, or collects data–including but not limited to any websites, applications, mobile applications, application programming interfaces, social media pages or any electronic product, platform, service, exchange, community, or otherwise, and any form of communications or correspondence between HEHC and you;
(b) “Education Products” means any platform, application, software, workshop, webinar, training, or other educational offering, or anything similar thereto–whether offered, hosted, delivered, or maintained digitally or otherwise—that enables you to access courses, content, continued education, consulting, and/or community interactions, and any related services offered by HEHC pursuant to the Legacy Master Agreement (link), including but not limited to:

1. the Legacy Stylist Program
2. the Legacy Mentor Stylist Program
3. the Legacy Salon Owner Program
4. the Legacy Stylist Workshop
5. the Legacy Mentor Stylist Workshop
6. the Legacy Salon Owner Workshop
7. the Harper Ellis Certified Workshop
8. any other education, training, or certification offered by HEHC at any time in any form or medium

Hereinafter, any reference to “Services” is a reference to both Services and Education Products.

READ THIS AGREEMENT CAREFULLY, AS IT PROVIDES, AMONG OTHER THINGS: (i) in Sections 18 and 20, that you and HEHC agree to arbitrate certain claims instead of going to court, and that you will not bring class-action claims against HEHC; (ii) in Section 25, that HEHC may make modifications, deletions, and additions to this Agreement, the Legacy Master Agreement, the Privacy Policy, the Education Products and the Services, and the Legacy Program Loyalty Discount and Legacy Program Loyalty Discount Schedule; and (iv) in Sections 5 and 7, that you release HEHC from, and waive your right to recover from HEHC, certain damages. You acknowledge that you will only create an account or otherwise use the Services if you agree to be legally bound by all terms and conditions of this Agreement, the Legacy Master Agreement (when applicable) and the Privacy Policy. Your acceptance of this Agreement creates a legally binding contract between you and HEHC.

Capitalized terms not defined in this Agreement have the meaning stated in our Legacy Master Agreement which is incorporated herein by reference. By visiting and/or using our Services, you agree to be bound by the terms of this Agreement, our Privacy Policy and Legacy Master Agreement. You should not use the Services if you do not agree with the terms, conditions and obligations of this Agreement, our Privacy Policy and Legacy Master Agreement, or any other agreement that governs your use of the Services. The success of the Services depends on the adherence to the terms of this Agreement by you and all other users thereof. We do not represent, warrant, or guarantee that other users will in fact adhere to this Agreement and disclaim any liability for their failure to do so. Except as otherwise provided herein, if you do not agree to be bound by the Agreement, you may not access or use the Services.

1. User Representations and Responsibilities

1. Agreement Compliance: You have read, understood, and agree to this Agreement and any future updates posted here or on the Services.
2. Age and Consent: You are at least 18 years old and meet the age of consent required for online services in your location.
3. Authority and Legal Compliance: You have the authority to agree to these terms and will follow all applicable laws where you are located.
4. Lawful Use: You will only use the Services for lawful purposes and will not engage in deceptive or illegal activities, nor will you send or store unlawful material.
5. Respect for Others: You will not use the Services to cause nuisance, annoyance, or inconvenience to others, and you will maintain civility and respect towards us and other users.
6. Non-Commercial Use: You agree not to use the Services or its content for commercial purposes, such as advertising, soliciting, or selling.
7. Privacy and Intellectual Property: You will respect others’ privacy and intellectual property rights by not copying or distributing content from the Services, except for personal, non-commercial use.
8. Accurate Information: Any information you provide when using the Services is truthful and current.
9. No Unauthorized Access: You will not attempt unauthorized access to any part of the Services, accounts, or systems connected to our Services.
10. No Automated Data Collection: You will not use automated tools (e.g., web crawlers) to scrape, copy, or monitor any part of the Services.
11. Issue Reporting: You will report any errors, unauthorized access, or intellectual property breaches you find.
12. Authenticity: You will not impersonate others, act on behalf of another without permission, or create multiple accounts.
13. Responsible Content Submission: Any content you submit (“User Content”) will not solicit information from minors, exploit them, or violate laws designed to protect minors. Your User Content will comply with all advertising laws.
14. Respect for Third-Party Rights: Your User Content will not infringe any third-party rights (e.g., copyright, trademark). You have obtained all necessary licenses and permissions for any third-party content.
15. Civility and Respect: You will interact with others on the Services in a civil, non-discriminatory, and non-harassing manner.
16. Messaging Terms and Policy: You agree to our Messaging Terms and Messaging Privacy Policy.

2. Access to the Services

By entering into this Agreement, HEHC grants you a limited, non-exclusive, non-transferable, and revocable license to access the Services and view content for which you have paid. Your use of the Services and any content is subject to the terms, conditions, and restrictions outlined in this Agreement, the Legacy Master Agreement, and any specific terms tied to particular content or features. Any other use of the content is prohibited. Unless you have explicit, written permission from an authorized HEHC representative, you may not reproduce, share, sell, broadcast, rent, lend, modify, create derivative works, sublicense, or otherwise distribute or use the content in any way. Your access depends on your compliance with this Agreement. HEHC reserves the right to temporarily suspend or permanently terminate your access to the Services if you fail to follow these terms or if we reasonably believe you may do so.

While we may grant you access, we are not obligated to continue this access, maintain the Services, or ensure uninterrupted availability. We reserve the right, at our sole discretion, to modify, suspend, terminate your access, or revoke your license to the content at any time, with or without reason.

3. Accounts

1. To use our Services, including purchasing or submitting content, you may need to set up and manage various accounts. You are responsible for creating and maintaining all necessary accounts. If you believe someone else is using any of your accounts, please notify us at support@harperellishair.com.
2. When setting up and managing your accounts, you must provide accurate, up-to-date information, including a valid email and phone number. You are solely accountable for all activities on your accounts, including any harm caused by unauthorized users. We will only grant account access if you can verify ownership with the necessary information.
3. In the event of a user’s death, the account will be closed.
4. Do not share your accounts’ login credentials with anyone. You are fully responsible for any actions or omissions taken on your account and the consequences of those actions and omissions. We do not intervene in disputes involving improperly shared account login credentials. If you suspect unauthorized access of your account, contact support@harperellishair.com immediately. We may ask you for information to confirm ownership.
5. If your usage of accounts is found by us to violate this Agreement (in our sole discretion), we reserve the right to suspend or terminate your accounts. You may also request account termination at any time by contacting support@harperellishair.com.
6. For users with organization accounts, you confirm that you have the necessary authorization to access and use the services on behalf of your organization. You agree that your organization must meet certain obligations to maintain access.
7. Your account and its access privileges are non-transferable.

4. Ownership

You understand and agree that the Services are not being sold to you, and that the Education Products are granted to you under a limited license. You further acknowledge that you do not and will not acquire any ownership rights, title, or interest in the Services or Education Products, or any related intellectual property rights. Additionally, HEHC retains all rights, title, and interest in any updates, upgrades, enhancements, modifications, or new versions of the Services or Education Products, along with all ideas, designs, algorithms, processes, interfaces, database architecture, and proprietary “know-how” embedded within the Services and Education Products. You are not, and will not be, granted ownership of any part of the Services or Education Products, which shall not be considered a "work made for hire" under 17 U.S.C. § 101.

5. Warranty Disclaimer

HEHC PROVIDES THE SERVICES AND EDUCATION PRODUCTS “AS-IS” AND “AS AVAILABLE” BASIS AND DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, SUITABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR AVAILABILITY OF THE SERVICES, THE EDUCATION PRODUCTS, THE COURSES AND CURRICULUM IN THE SERVICES AND EDUCATION PRODUCTS, AND ANY FIRST-PARTY OR THIRD-PARTY SYSTEMS OR PLATFORMS ACCESSIBLE THROUGH THE SERVICES AND/OR THE EDUCATION PRODUCTS. HEHC DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND THAT CUSTOMER WILL OBTAIN ANY SPECIFIC OUTCOMES OR RESULTS FROM THE USE OF THE SERVICES OR EDUCATION PRODUCTS. CUSTOMER AGREES THAT CUSTOMER’S USE OF THE SERVICES AND EDUCATION PRODUCTS IS ENTIRELY AT CUSTOMERS OWN RISK. CUSTOMER AGREES THAT HEHC CANNOT AND WILL NOT PROVIDE CUSTOMER WITH LEGAL OR TAX ADVICE, AND THAT SOME OF THE SERVICES, THE EDUCATION PRODUCTS, AND THE COURSES AND CURRICULUM IN THE SERVICES AND EDUCATION PRODUCTS MAY BE BASED ON LEGAL AND TAX PRINCIPLES TO PROVIDE CUSTOMER WITH AN OVERVIEW OF THE SUBJECT MATTER FOR COMPLIANCE DISCUSSION OR FOR CUSTOMER’S REFERENCE AND CONSIDERATION TO HELP CUSTOMER FURTHER CONSULT WITH WITH LEGAL AND TAX PROFESSIONALS IN CUSTOMER’S JURISDICTIONS REGARDING CERTAIN SUBJECT MATTER BEFORE ADOPTING ANY CHANGES OR TAKING ANY COURSE OF ACTION.

6. Interruptions to Service

We may decide to cease making available certain features, content or portions of the Services at any time and for any reason. HEHC and suppliers, partners and/or agents are not liable for any damages due to such interruptions or lack of availability of such features, content or portions. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like natural disaster, civil disturbance, acts of terrorism or war, labor conditions, interruption or failure by a third-party hosting or Internet provider or utility provider, governmental actions, or denial of service attacks.

7. Limitation of Liability

YOU AGREE WE ARE NOT LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR THE SERVICES AND/OR CONTENT WITHIN THE EDUCATION PRODUCTS OFFERED BY HEHC HEREUNDER, OR RELATED TERMS AND CONDITIONS, PRIVACY POLICY, OR REFERENCING ADDENDUM UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (i) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

We are not be responsible or liable for and disclaim all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the Services, any information contained on the Services, your or your company’s personal information or material and information transmitted over our system. In particular, neither the us nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.

8. Recordings

By utilizing the Services and/or Education Products, you grant HEHC permission to store any recordings. You will be notified (visually or otherwise) when recording is active. If you do not consent to being recorded, you may opt to leave the recorded session. All recordings are owned by HEHC solely.

9. Pricing

Product and content prices may change periodically. We may offer discounts and promotions for specific content and products, with limited-time pricing at checkout. The price shown when you complete your purchase is the price that applies. Discounted prices may vary based on your account status, as some offers are exclusively for new users, existing account holders, or certain program participants. Depending on your location, taxes may be included in the displayed price or added at checkout.

10. Payments

You agree to pay for any content or products you purchase and authorize us to charge your payment method. You must use a valid, authorized payment method for all transactions. If a payment fails and you still gain access to the content, you agree to pay any outstanding amount within 30 days of notification. We may suspend access to content for which payment has not been completed.

11. Refunds and Refund Credits

If a purchase does not meet your expectations, you may request a refund at HEHC’s discretion. This refund policy does not apply to Education Products covered under the Legacy Master Agreement. We may issue refunds to your original payment method or as credit to your account, depending on factors such as payment provider capabilities and purchase platform. Refund credits applied to your account will automatically go toward future website purchases. Abuse of our refund policy, such as excessive content usage before requesting a refund or frequent refund requests, may lead us to deny further refunds, restrict future purchases, suspend your account, or terminate your access. No refund is available if your account or access is terminated for violating this Agreement.

12. Promotional Codes

We may issue gift or promotional codes, which can be used to buy eligible content on our platform. These codes may have specific terms and expiration dates and cannot be redeemed for cash unless required by law or explicitly stated.

13. Content and Behavior Rules

You may only use the Services for lawful purposes, and you are responsible for all content you post. Your behavior on the platform and use of the Services must follow applicable laws in your jurisdiction. You are responsible for knowing and complying with such laws. We may remove posts, content or terminate accounts that violate laws, rights, or our guidelines. We retain discretion in enforcing these rules and may restrict or terminate access to our platform for any reason, including non-payment, fraudulent chargebacks, legal requests, technical issues, inactivity, or other factors. In case of termination, we may delete your account and content, though content may still appear on the platform even if your access is restricted. We are not liable for content removal or account termination.

14. Our Rights to Content You Post

See Section 10 of the Legacy Master Agreement incorporated herein by reference. Specifically, by posting, you provide us with a worldwide, non-exclusive, royalty-free license (with sublicensing rights) to use, copy, adapt, modify, publish, and distribute your content (including your name and image) across all media. This includes partnerships with other companies for syndication or distribution. You waive any rights of privacy, publicity, or similar rights applicable to these uses, as permitted by law. By posting, you confirm you have the authority to grant us these rights.

15. Personal Data

Customer agrees that HEHC may use Personal Data as provided in the Privacy Policy. For purposes of this Agreement “Personal Data” means any data that Customer submits to HEHC in any way within the Services or Education Products relating to an identified or identifiable natural person protected under data protection laws.

16. Reservation of Rights

HEHC reserves all rights not expressly granted to you in this Agreement. Nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, you or any third party any intellectual property rights or other right, title, or interest in or to the Services, Education Products, IP or HEHC’s Confidential Information.

17. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or unconstitutional, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.

18. Dispute Resolution / Arbitration

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by JAMS under its Consumer Arbitration Rules (available at www.jamsadr.org). The Parties waive any right to a trial by jury or any court.

1. The Federal Rules of Evidence shall apply to all arbitration proceedings.
2. The Federal Rules of Civil Procedure related to discovery apply to all arbitration proceedings.
3. The only motions that may be brought in arbitration proceedings other than those in the rules of JAMS are those motions under Rules 12 and 56 of the Federal Rules of Civil Procedure.
4. Any arbitration hearing must commence within one year from the date an arbitrator is appointed.
5. Any arbitration hearing must not last any more than five business days.
6. Any arbitration award must consist of a written statement stating the disposition of all claims, essential findings thereto, and conclusions such awards are based on.
7. All arbitration proceedings shall be held in a city that has an international airport.
8. There will be one arbitrator selected from a panel provided by JAMS, and if parties disagree JAMS shall appoint such arbitrator.
9. The arbitration decision and award is final and binding on the Parties and may be reduced to a judgment in any court of competent jurisdiction; the Parties are entitled to any claim or award available to the Parties under any U.S. federal, state, or local law as applicable to the circumstances.
10. Any dispute related to whether any dispute is subject to arbitration shall be decided through arbitration.
11. The provisions in this section survive the termination of this Agreement.

Nothing in this provision shall prevent either party from seeking injunctive relief in a court of competent jurisdiction in order to protect its intellectual property (including but not limited to IP) or confidential information (including but not limited to Confidential Information).

Notwithstanding the foregoing, the following disputes are not subject to arbitration: (i) an action to enforce an arbitration award or order, which may be brought in any court of competent jurisdiction; (ii) actions for emergency equitable relief where relief sought is a temporary, preliminary or permanent restraining order or injunction for any reason; (iii) claims that are within the jurisdictional limits of a small-claims court or equivalent thereof within the jurisdiction in which the Party is domiciled, which shall have the law of the state in which the small claims court resides apply to the dispute.

19. Disputes Not Subject to Arbitration

Notwithstanding Section 16 of this Agreement, the following disputes are not subject to arbitration: (i) an action to enforce an arbitration award or order, which may be brought in any court of competent jurisdiction; (ii) actions for emergency equitable relief where relief sought is a temporary, preliminary or permanent restraining order or injunction for any reason; (iii) claims that are within the jurisdictional limits of a small-claims court or equivalent thereof within the jurisdiction in which the Affiliate is domiciled, which shall have the law of the state in which the small claims court resides apply to the dispute.

20. Class Action Waiver

The Parties agree that any dispute arising out of or relating to this Agreement must be resolved through individual arbitration and not through class arbitration or class action litigation. The Parties hereby waive any right to pursue any action, dispute or claim against the other Party and/or their respective owners, officers, directors, and agents on a class or consolidated basis whether to be brought, heard, or arbitrated as a class action, collective action, or private attorney general action.

21. Attorneys’ Fees

In the event any legal action is brought to interpret or enforce this Agreement through arbitration or otherwise, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred in connection with such action. “Prevailing party” means the party that obtains substantially the relief sought, whether by dismissal, summary judgment, judgment, or otherwise. Attorneys’ fees shall include, without limitation, reasonable fees for attorneys, paralegals, legal assistants, experts, and consultants incurred at any stage of the proceedings, including pre-trial, trial, appellate, mediation, arbitration, bankruptcy, and post-judgment proceedings. The prevailing party shall be entitled to recover all attorneys’ fees, costs, and expenses incurred in establishing and quantifying the amount of attorneys’ fees, costs, and expenses due to it. The provisions in this section survive the termination of this Agreement.

22. Governing Law

Unless otherwise specified in this Agreement; (i) the Federal Arbitration Act shall govern all matters related to arbitration; all matters related to or arising from this Agreement, the relationship of the Parties, or any other claim between the Parties shall be governed by the laws of the State of Arkansas, without regard to its conflicts of laws principles. Notwithstanding the foregoing, claims that are within the jurisdictional limits of a small-claims court or equivalent thereof within the jurisdiction in which the Party is domiciled and actually brought within those jurisdictions shall have the law of the state in which the small claims court resides apply to the dispute.

23. Waiver

Waiver by either Party of any term or condition of this Agreement, the Terms of Use, the Privacy Policy or the applicable Enrollment Form shall not be deemed to be a waiver of any other term or condition or of any later breach of this Agreement, the Terms of Use, the Privacy Policy or the applicable Enrollment Form.

24. Headings and Titles

The headings and titles used in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

25. Amendments Reservations

HEHC reserves the right to amend or modify this Agreement, the Legacy Master Agreement, the Privacy Policy, the Education Products and the Services and and the Legacy Program Loyalty Discount and Legacy Program Loyalty Discount Schedule at any time and in HEHC’s sole discretion. Any such amendments are effective upon notice and publication of the amended provisions to their respective links located at the bottom of HEHC’s webpage located here: https://www.harperellishair.com. If you do not agree to the terms and conditions of any such amendments, you should not use the Services. Your continued use of the Services after changes become effective shall mean that you accept those changes. Any revisions shall supersede all previous versions.

26. Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless Udemy, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from: (a) the content you post or submit; (b) your use of the Services; (c) your violation of these Terms; or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

27. Entire Agreement

This Agreement, The Master Agreement, and Privacy Policy constitutes the entire agreement between us and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter.

28. How to Contact Us

You can contact us by emailing support@harperellishair.com