TERMS AND CONDITIONS

Set forth below are the terms and conditions (the “Terms”) governing all aspects of the compensation program (the “Program”) associated with sales of certain HAU products (the “Products”) through Edify, LLC (the “Company” or “We”).  By participating in the Program, you agree to be subject to and bound by these Terms and to comply with the Terms in all respects.   

 

Program Commissions

Commissions under the Program are calculated by structure outlined HERE

You make commission on up to three levels below you

Direct salon referrals only (no credit for someone below you who refers a salon)

You are responsible for asking others to use your code.

Your promo code MUST BE USED at check out for you to receive credit

Your promo code must be used on new promo code sign up forms for you to receive credit for that referral

Commission earnings only apply to sales of the Products by the Company.  The only Products current sold by the Company are [HAU Hair Packs, HAU Mango Shampoo, HAU Premium Serum]. 

Commission earnings from promo codes will extend for the term of the Program, however new promo code availability is subject to change.

Promo codes will remain active as long as there is activity (purchases or sign ups) within 3 years.  Codes with no activity for 3 years will expire.

Checks will be mailed quarterly to the mailing address and name provided

You are responsible for making sure your information is correct and current.  The Company will rely on the information provided for payment purposes, and shall not be liable or responsible in any respect for any incorrect information.

Earnings of $600 or more in one year will need to fill out an additional form for taxes (so an IRS form 1099 can be sent and filled out at the end of year). 

Refusal to submit proper forms will result in forfeiture of any commissions earned.

You can request the status of your earnings (how much and who) at any time by filling out a contact form online at haubenefits.me/myearnings 

Commissions will only be paid to the extent the Company completes a sale of the Products, including collection of the funds from such sale.  If for any reason a sale is not fully completed, such as failure by the manufacturer to deliver the Products or failure of the purchaser to pay for the Products, no commission shall be paid, whether or not an order using a promo code was placed. 

Sales prices for all Products including discounts or incentives of any kind are in the sole discretion of the Company. 

 

PRIVACY POLICY

This privacy notice discloses the privacy practices for (haubenefits.me). This privacy notice applies solely to information collected by this website. It will notify you of the following:

What personally identifiable information is collected from you through the website, how it is used and with whom it may be shared.

What choices are available to you regarding the use of your data.

How you can correct any inaccuracies in the information.

Information Collection, Use, and Sharing 

The Company is the sole owner of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. You agree that the Company may use the information along with other information in an aggregated format for any Company purposes.

We will use your information to respond to you, regarding the reason you contacted us. We will use your information only for Company purposes, e.g. to ship an order.

Unless you ask us not to, we may contact you via email or text in the future to tell you about specials, new products or services, or changes to this privacy policy.

Your Access to and Control Over Information 

You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:

See what data we have about you, if any.

Change/correct any data we have about you.

Have us delete any personally identifiable data we have about you, provided the Company may retain a copy of such data for archival purposes.

Express any concern you have about our use of your data.

 

We request information from you on our sign up form. To earn commissions, you must provide contact information (like name and mailing address).  If you earn over $600 you will need to submit your social security number for IRS forms that will be sent at the end of the year.  This information is used for payment purposes and to track your orders (promo code uses and referrals). We'll use this information to contact you about earnings and issues.

 

You agree and consent that the Company may email or text you messages relating to the Program, the Products and the Company including general marketing messages. 

 

If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at 317-833-9656 or via email: (edifyhaircare@gmail.com).

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Disclaimer of Warranties and Limitation of Liability

THE COMPANY MAKES NO REPRESENTATIONS REGARDING THE PRODUCTS.  ALL PRODUCTS ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR DATA INCLUDED ON OR PROVIDED THROUGH THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL OR TEXTS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER THE COMPANY NOR ANY REPRESENTATIVE OF THE COMPANY WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. The COMPANY assumeS no responsibility, and IS not liable for any damage to, or virus or other harmful code that may affect your computer equipment or other property based on your access to, or use of, thIS WEBSITE. This also applies to the downloading of any objects from thIS WEBSITE.

 

product warranties are made exclusively by the manufacturer of the products.  the company shall not liable for any issues relating to use of the products.

 

Termination

You agree that the Company, in its sole discretion, may terminate your participation in the Program, access to this Website or use of the Website for any reason, including, without limitation, if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms.  You agree that any termination of your participation in the Program or access to this Website under any provision of these Terms may be effected without prior notice, and acknowledge and agree that the Company may bar any further access to your account or this Website.  Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Website.

Operation of the Program is subject in all respects to the Company’s agreement with the manufacturer of the Products (the “Agreement”).  The Program shall immediately terminate, and the Company’s obligations to pay any amounts under the Program shall immediately terminate, upon any termination of the Agreement.  

Indemnification

You agree to indemnify and hold the Company and its representatives harmless from any claims, demands, losses, damages, fees, or penalties, and the cost to investigate and defend same including reasonable attorneys’ fees, made by you, any federal or state agency, or any third party due to or arising out of the breach of these Terms or a violation of applicable privacy laws by you or anyone accessing this website on your behalf.

Right to Change the Terms and Conditions

The Terms may be updated by the Company from time to time without notice to you.  Any changes to the Terms will be effective immediately upon posting of the changed terms and conditions on this website.  You agree to review the Terms periodically, and your use of the website or continued participation in the Program following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed.

All Decisions Regarding Program Made by Company 

All decisions regarding management or administration of the Program including relating to calculation or payment of commissions, shall be made by the Company in its sole discretion, and any such decisions shall be binding on you and all participants in the Program.

General Terms 

The Terms constitute the entire agreement between you and the Company and governs your participation in the Program and use of this website.  The Terms and the relationship between you and the Company shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions.  The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of the Company or any third party.  The invalidity or unenforceability of any particular provision of these Terms shall not affect the other provisions, and these Terms shall be construed in all respects as if such invalid or unenforceable provision had not been contained herein.  The Company may assign its rights under the Program and these Terms.  You may not assign any of your rights under the Program or these Terms. 

Refund Policy 

At this time we are not issuing refunds directly to credit cards for online payments or credit card payments.  If a refund is due, a check will be mailed to the address on the account.

Arbitration

All claims and disputes in connection with (a) the Terms, (b) the Program or (c) the Company shall be resolved by binding arbitration on an individual basis under the terms herein.  This arbitration agreement applies to you, Company and any subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, as well as all authorized and unauthorized users or beneficiaries of services provided under the Terms.  Before either party may seek arbitration, the party must first send to the other party a written notice of dispute (“Notice”) describing the nature and basis of the claim or dispute and the requested relief.  A Notice to Company should be sent to: 5857 Boy Scout Rd, Indianapolis, IN 46226 and a notice to you shall be sent to the address on record for you with Company.  If you and Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding.  Arbitration shall be initiated through the American Arbitration Association (“AAA”).  The rules of the AAA shall govern all aspects of the arbitration, including but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 800-778-7879.  The arbitration shall be conducted by a single neutral arbitrator.  Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the AAA provider.  If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration provision. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.  If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the provision shall continue in full force and effect.  This arbitration agreement will survive the termination of your relationship with Company. Infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.  In any circumstances where the foregoing agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Marion County, Indiana, for such purpose.

Effective Date

The effective date of this revised Terms and Conditions of Use is October 7, 2018. 

 

 

 

 

Click Through Agreement

 

By clicking “Submit” , you are agreeing to these terms in all respects and agree to 

CONTACT US

Monday - Friday 9am-6pm

Text: 317.377.4550

Online Chat: In The Lower Right Corner

MAIL: PO Box 26064

Indianapolis, IN 46226