Medihair.com Terms and Conditions (Mobile Communications)

 

Effective date: January 29th, 2021

 

Binding agreement

Through its website and via additional means, medihair.com, (“medihair.com”) provides any individual located in the United States (“you”) with the option to receive information and marketing materials related to medihair.com products and services via calls or messages to your mobile device using a mobile phone number you provide to medihair.com (“mobile communications”). By signing up to receive mobile communications from medihair.com, you agree to be bound by the following terms and conditions, and you represent and warrant that you have the legal authority and capacity to enter into this agreement.

IF YOU SIGN UP TO RECEIVE MOBILE COMMUNICATIONS FROM MEDIHAIR.COM, THESE TERMS AND CONDITIONS WILL BECOME PART OF A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MEDIHAIR.COM. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE SIGNING UP TO RECEIVE MOBILE COMMUNICATIONS. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY HEAR YOUR CLAIMS, OR TO PROCEED ON BEHALF OF OR AS PART OF A CLASS.

Consent is not a condition of receiving medihair.com products or any medihair.com service aside from receiving mobile communications; however, medihair.com agrees to provide you with mobile communications ONLY if you agree to the terms contained herein. If you do not wish to agree to these terms, but wish to contact medihair.com about its products and services, please contact a medihair.com consultant by calling 1-255-297-6640.

Your agreement to receive mobile communications from medihair.com does not affect the terms of any other contract or agreement you have related to other medihair.com products or services.

 

Non-secure transmission of protected health information

Mobile communications sent by medihair.com may contain protected health information (“PHI”) that is subject to certain legal protections under the Health Insurance Portability and Accountability Act (“HIPAA”) and other federal and state laws. Medihair.com will treat all PHI in accordance with its Notice of Privacy Practices (https://medihair.com/en/privacy-policy/) and will minimize the amount of PHI transmitted in mobile communications to the minimum amount necessary to achieve the purpose of the mobile communication. However, by signing up for mobile alerts, you expressly acknowledge that mobile communications medihair.com sends may be unencrypted or insecure, that mobile communications are sent over public communications networks or similar facilities that are not within medihair.com’s control, and that there is the possibility that unauthorized individuals may intercept, access, or read mobile communications that medihair.com sends. IF YOU ARE CONCERNED ABOUT THE POSSIBLE DISCLOSURE OF PHI CONTAINED IN MEDIHAIR.COM MOBILE COMMUNICATIONS, DO NOT SIGN UP TO RECEIVE MOBILE COMMUNICATIONS. You agree to hold medihair.com harmless against any unauthorized third party access to PHI contained in mobile communications from medihair.com.

 

Mobile communications means and content

By signing up to receive mobile communications from medihair.com, you are providing prior express written consent for medihair.com to send you mobile communications at the number you provide to medihair.com. Mobile communications may contain marketing or advertising material.

Medihair.com may send mobile communications to you directly or through a third party acting on behalf of medihair.com. In doing so, medihair.com or a third party acting on its behalf may use non-automated or automated means to send mobile communications, including but not limited to equipment that qualifies as an automated telephone dialing system.

You agree not to respond to any medihair.com mobile communication in any way that is unlawful or abusive or in any way that disrupts or damages medihair.com’s property or systems. You understand that text messages and other communications you send in response to medihair.com mobile communications may not be secure and may be intercepted or accessed by unauthorized third parties during transit. You agree to hold medihair.com harmless against any unauthorized third party access to PHI contained in messages you send to medihair.com.

 

Accuracy of number

You represent and warrant that you are the authorized mobile telephone subscriber for the number you provide to medihair.com. You have confirmed that you have provided us with the correct number.

 

Charges

Medihair.com will not impose any charges on you associated with its sending of mobile communications. However, your mobile device service provider may charge messaging or data fees or rates associated with mobile communications you receive from or send to medihair.com. You are solely responsible for any such charges.

 

Cancellation

You may revoke your consent to receive mobile communications from medihair.com at any time by texting “STOP” in reply to any medihair.com mobile communication or by writing an email to info@medihair.com clearly indicating that you do not wish to receive additional mobile communications from medihair.com.

Medihair.com may, in its sole discretion, choose to honor or disregard revocation requests made through other means.

You agree to notify medihair.com immediately if you cancel your subscription to the number you provided to medihair.com at the time of registration by writing an email to info@medihair.com or change your domicile to a location outside of the United States. Medihair.com will terminate your subscription to mobile alerts within a reasonable period of time upon receipt of such a notice.

Upon its own election, medihair.com may terminate your participation in its mobile communications program at any time, in its sole discretion.

 

Modification

Medihair.com may modify or revise these Mobile Terms at any time by posting revisions on the medihair.com website. If you do not opt-out of receiving additional messages by texting “STOP” in reply to any medihair.com mobile communication or by writing an email to info@medihair.com clearly indicating that you do not wish to receive additional mobile communications from medihair.com after changes to these Mobile Terms, you agree to be bound by the modified or revised Mobile Terms.

You may not modify these Mobile Terms without express written consent from medihair.com.

 

Disputes

Any controversy, dispute, or claim arising out of or relating to these medihair.com Mobile Communications Terms and Conditions, the breach thereof, or mobile communications sent by or on behalf of medihair.com—including the suitability of your or medihair.com’s claim for arbitration—shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. If an arbitrator’s award is granted, it is binding and may be entered in any court of competent jurisdiction.

Neither party may bring an action, in arbitration or otherwise, unless the action is started within two years of the occurrence allegedly causing the damage in question.

No arbitration brought under, or with respect to, this Section is to be joined to an arbitration involving any other party subject to these Mobile Terms, whether through class arbitration proceedings or otherwise. Unless medihair.com and you mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, private attorney general, or class proceeding.

The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Monetary relief shall be awarded only for direct damages; monetary relief shall not be granted for consequential damages, incidental damages, or lost profits.

Any arbitration award and any judgment confirming shall not have any precedential effect and may not be used in any other case except to enforce the award itself.

To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.

For arbitration claims you assert against medihair.com in accordance with this Section (but not for any arbitration claim against you), medihair.com will pay your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Medihair.com will pay its, and you will pay your, lawyers’, experts’, and witnesses’ fees, expenses, and costs with respect to all claims.

Before seeking arbitration, you must first send to medihair.com a written Notice of Dispute (“Notice”). The Notice must be sent by certified mail to medihair.com LLC 396 Alhambra Circle, Suite 600 Coral Gables, FL 33134. The Notice should describe the nature and basis of your claim or dispute and the specific relief you seek. If you and medihair.com cannot reach an agreement to resolve the claim within thirty days after the Notice is received, you or medihair.com may commence arbitration.

 

Disclaimer of warranties

Medihair.com sends mobile communications on an “as-is” basis. Medihair.com specifically disclaims all express or implied warranties related to its mobile communications.

 

Governing law

These Mobile Terms shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of law provisions.

 

Severability

If, for any reason, a court or arbitrator of competent jurisdiction finds any provision, or portion thereof, of these Mobile Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of these Mobile Terms shall remain in full force and effect.

 

Survival

Sections H through K shall survive any termination of these Mobile Terms by either medihair.com or you.

 

Mobile Communications Terms and Conditions – SMS

Depending on what you have opted into, you will receive messages about hair loss treatments. We will contact you during our process with transactional messages to confirm your signup or send you an appointment reminder. Leads who signed up for hair loss treatment offers but couldn’t be reached or decided to continue at a later stage after talking to a consultant, can receive marketing text messages about hair loss news.

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 1-355-956-1553

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. You will receive messages depending on the level of service, 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://medihair.com/en/privacy-policy/