Terms of Use

OVERVIEW

These website Terms of Use (“Terms”) are provided by EWC Franchisor LLC d/b/a, European Wax Center and our affiliates and subsidiaries, (“EWC,” “we,” “us,” and “our”), and govern your use of any websites that we own and control that link to these Terms, including www.waxcenter.com and its subdomains (collectively, the “Site”), our mobile applications that link to this Privacy Notice (the “App”), and any online interfaces, features, and services on the Site (together with the Site, the “Service”).

PLEASE NOTE THAT THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS, INCLUDING LIMITING EUROPEAN WAX CENTER’S LIABILITY, WAIVING YOUR RIGHT TO A JURY TRIAL, AND REQUIRING RESOLUTION OF DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS. FOR MORE INFORMATION, SEE SECTION 9 - SECTION 12.

By visiting our Site, using our App, and/ or otherwise using our Service, you acknowledge that you have read and understood these Terms, and agree to be bound by, these Terms, (including those additional terms and conditions and policies referenced herein and/or available by hyperlink), and acknowledge our Privacy Notice, which is incorporated into these Terms by reference and describes our practices related to personal information processed through the Service. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, companies, businesses, other legal entities, and/ or contributors of content. If you are entering into these Terms on behalf of a company, business, or other legal entity, by using the Service you represent that you have the authority to bind such entity to these Terms. In this case ‘you’ means the company, business, or other legal entity on whose behalf you are using the Service.

TABLE OF CONTENTS[TC2]

  • Overview
  • Section 1 – Acceptable Use
  • Section 2 – Access and Use of the Service
  • Section 3 – Accuracy, Completeness, and Timeliness of Information
  • Section 4 – Optional Tools
  • Section 5 – Third-Party Links
  • Section 6 – User Comments, Feedback and Other Submissions
  • Section 7 – Copyright Infringement
  • Section 8 – Personal Information
  • Section 9 – Disclaimer of Warranties
  • Section 10 – Limitation of Liability
  • Section 11 – Indemnification
  • Section 12 – Dispute Resolution: Mandatory Informal Dispute Resolution; Class and
  • Collective Action Waiver; Jury Trial Waiver
  • Section 13 – Severability
  • Section 14 – No Waiver; Entire Agreement
  • Section 15 – Governing Law
  • Section 16 – Artificial Intelligence Tools
  • Section 17 – Mobile App Terms
  • Section 18 – Changes to Terms of Use
  • Section 19 – Contact Information

SECTION 1 - ACCEPTABLE USE

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or if you are under the age of majority in your state or province of residence, you may only use the Service under the supervision of a legal guardian who agrees to be bound to these Terms.

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Service or its content:

(a)   for any unlawful purpose;

(b)   to solicit others to perform or participate in any unlawful acts;

(c)   to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including but not limited to copyright laws);

(d)  to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f)   to submit false or misleading information, including to impersonate another individual or otherwise misrepresent your identity;

(g)  to upload or transmit viruses, worms, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h)  to collect or track the personal information of others;

(i)    to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j)    for any obscene or immoral purpose;

(k)   to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;

(l)    to attempt to bypass any robot exclusion headers or circumvent any other measures that we have put in place to restrict or prevent access to all or parts of the Service;

(m)  to use the Service or its content to suggest an unauthorized association with us;

(n)   to change or delete any proprietary notices from materials downloaded or printed out from the Service; or

(o)  to attempt any actions that otherwise violate these Terms.

You represent and warrant that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (ii) listed on any U.S. government list of prohibited or restricted parties.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 2 - ACCESS AND USE OF THE SERVICE

(a) Account Registration. Certain features and functionality of the Service may require the creation of an account by entering your name, email address, phone number, and selecting a valid password (“Account”). If you create an Account on the Service, you are solely responsible and liable for the security and confidentiality of your access and for all activity under your Account. You are solely responsible for the accuracy of your registration information and for updating and maintaining it. You must notify us immediately of any unauthorized use of your Account at the contact listed in SECTION 19. You shall not sell, transfer, or assign your account or any Account rights.

(b) Account Deletion. If you wish to delete your guest account and the data associated with your guest account, please login to your guest account on the App, navigate to the “Account” icon, scroll down, select the “Delete Account” option, and then click the appropriate button to confirm your selection. Alternatively, you may request to delete your guest account and the data associated with your guest account by emailing us at guestservices@waxcenter.com.

(c) Content. The Service may contain (a) materials and other items relating to EWC and its Service including: data, files (e.g., PDF, word), images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Service; (b) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of EWC; and (c) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Service and the Content is the property of EWC, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.

(d) Limited License. Subject to your strict compliance with these Terms, EWC grants you a limited, non-exclusive, revocable, non-assignable, and nontransferable license to download, display, view, and use the Service, and to retain and/or download one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (s) does not give you any ownership of, or any other intellectual property interest in, the Service or any Content; and (b) may be immediately suspended or terminated for any reason, in EWC’s sole discretion, and without advance notice or liability. Your unauthorized use of the Service or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. 

(e Availability of the Service. The Service may be unavailable, interrupted, or suspended from time to time for any reason including, for example, routine maintenance. EWC shall have the right at any time to change or discontinue any aspect or feature of the Service, including, but not limited to, Content, availability, and equipment needed for access or use.

(f) Modification of the Service. We reserve the right at any time to change, modify, or discontinue the Service (or any part or Content thereof) without notice. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service. We may, in the future, offer new services and/or features through the Service (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

(g) Suspension; Termination. We reserve the right to, with or without prior notice, suspend, terminate, and delete your Account and access to the Service for any reason, in our sole discretion, if you have violated these Terms. Upon termination of your access to the Service, or upon notice from EWC, all rights granted to you under these Terms will cease immediately, and you shall immediately discontinue use of the Service.

(h) Reservation of Rights. All rights not expressly granted to you are reserved by EWC and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Service or Content for any purpose is prohibited.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Although EWC attempts to provide you with accurate information, the Service is intended to be for informational purposes only. Product and other information, including pricing, availability, and other information made available on the Service are subject to change at any time without notice to you and may not be accurate, complete, current or reliable.

We do not warrant or guarantee that information made available on the Service is accurate, complete or current. The material on this Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Service is at your own risk.

The Service may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions, other than the Content provided by EWC, are solely the opinions and the responsibility of the person or entity providing those materials. This Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Occasionally there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 4 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. We do not control, review, or take responsibility for the practices of such third parties, nor do we make any representation or warranty regarding these third-party tools.

SECTION 5 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

The Service includes and makes use of certain features, content, functionality, and services provided by Google which allows EWC to include maps, geocoding, places and other Content as part of the Service (the “Geo-Location Services”). Your use of the Geo-Location Services is subject to the Google Maps End User Additional Terms of Service and Google’s Privacy Policy and by using the Geo-Location Services, you are agreeing to be bound by Google’s Terms of Use.

SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (a) to maintain any Comments in confidence; (b) to pay compensation for any Comments; or (c) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

You may now or in the future have the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the website, messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials and the ideas contained therein (collectively, but excluding any Content included therein, “User Submissions”). You acknowledge that any User Submissions that you submit through the Service may be deemed non-confidential and may be available to other parties on the Service on a worldwide basis, including for browsing, downloading, printing, and other uses by such other persons or entities.

You agree that EWC shall have, and hereby grant to EWC, a worldwide, royalty-free, perpetual, irrevocable, sublicensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to, or use, in any form or media, any User Submission that you submit on the Service or to EWC. EWC does not endorse any User Submissions, or third-party product or service that may appear in connection with use of the Service. Nothing in these Terms shall obligate EWC to use any User Submissions you submit or permit the posting of such User Submission on any website or platform.

You agree to only submit User Submissions to EWC that are fully authorized for purposes of the Service and otherwise compliant with these Terms. By providing User Submissions in connection with the Service, you warrant and represent that you own the rights to the User Submissions or are otherwise authorized to submit the User Submissions. It is your obligation to determine the extent to which User Submissions you submit are protected by applicable intellectual property laws. You agree that you will not engage in any activity or conduct, or submit any User Submissions or other material, that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable and that you will not cause damage, embarrassment, or adverse publicity to EWC.

SECTION 7 - COPYRIGHT INFRINGEMENT

DMCA Notice. EWC handles copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You may not post, upload, or otherwise place any User Submissions or information on the Service that belongs to a third party, unless you have the legal right to do so. If you are a copyright owner who would like to send us a notice pursuant to the DMCA regarding content or material posted on the Service, you may notify our designated copyright agent either by mail to 5830 Granite Parkway, 3rd Floor, Plano, Texas 75024, or in an email to legal@waxcenter.com.

Please include the following:

  • a reference or subject line that says: “DMCA Copyright Infringement Notice”;
  • a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
  • a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
  • your full name, address, telephone number, and email address;
  • a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  • your electronic or physical signature.

It is often difficult to determine if your copyright has been infringed. EWC may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and EWC may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting EWC’s other rights, EWC may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website or mobile application owned or operated by EWC.

DMCA Counter-Notification. If a work that you submitted to EWC is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:

  • a reference or subject line that says: “DMCA Counter-Notification”;
  • a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your full name, address, telephone number, email address;
  • a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Texas), and that you will accept service of process from the person who provided DMCA Notification to us or an agent of such person; and
  • your electronic or physical signature.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.

SECTION 8 - PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Notice. To view our Privacy Notice, please click here.

The Site is hosted by Shopify, which collects and processes personal information about your access to and use of the Site. Personal information you submit to the Site will be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you reside, to provide and improve the Site for you. We also use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Site, along with other merchants and with Shopify for Shopify to provide us with certain customization, analytics, and advertising services. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our Site, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy. Depending on where you live, Shopify may offer you certain rights with respect to your personal information, here.

SECTION 9 - DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, ITS CONTENT, AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY, ACCURACY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SECTION 10 - LIMITATION OF LIABILITY

IN NO CASE SHALL EWC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR MAXIMUM LIABILITY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH THE SERVICE.

SECTION 11 - INDEMNIFICATION

As permitted by applicable law, you agree to indemnify, defend and hold harmless EWC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“EWC Parties”), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against the EWC Parties arising out of or in connection with: (a) your use of the Service and/or its content; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service; (d) information or material transmitted through your account or device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (e) any misrepresentation made by you; and (f) our use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate fully, as requested by us, in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses. you will not settle any Claims and Losses without, in each instance, the prior written consent of us through our officers.

SECTION 12 - DISPUTE RESOLUTION: MANDATORY INFORMAL DISPUTE RESOLUTION; CLASS AND COLLECTIVE ACTION WAIVER; JURY TRIAL WAIVER

IMPORTANT: THIS SECTION IMPACTS CERTAIN LEGAL RIGHTS AND INCLUDES A WAIVER OF THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION; CONTAINS A WAIVER TO THE RIGHT TO A JURY TRIAL; AND LIMITS YOUR ABILITY TO OBTAIN CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.

These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of EWC, or third party if EWC could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and EWC agree to assert all such Disputes in a single claim so they may be resolved at the same time or they will be deemed waived. This SECTION 12 shall survive termination of these Terms.

(a) Mandatory Informal Dispute Resolution. We are always interested in resolving disagreements amicably and efficiently. Many of your inquiries may be resolved by emailing us at guestservices@waxcenter.com. In the unlikely event that a disagreement arises between you and us regarding any claim or controversy arising out of, relating to, or connected in any way with the Service (a “Dispute”), you agree that, before initiating any legal action, you will first provide us written notice (a “Notice of Dispute”) so that we may work with you in good faith to find a mutually agreeable solution. The Notice of Dispute must include the following information: (a) your name and contact information; (b) the nature and basis of the claim or Dispute; and (c) the nature and basis of the relief sought (including a calculation of any damages). Your Notice of Dispute to us must be personally signed by you (and your attorney if you are represented by legal counsel). Any Notice of Dispute must be specific to you as an individual and cannot be consolidated with Disputes involving any other parties.

During the 60-business days from the date we receive your Notice of Dispute, both parties agree to engage in good faith efforts to resolve the Dispute. During this 60-business day period, both parties agree to toll any statutes of limitations that may apply, along with any filing deadlines.

We will consider reasonable requests to resolve a Dispute through alternative dispute resolution procedures, such as mediation or arbitration.

If the sufficiency of a Notice of Dispute or compliance with this informal resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any litigation shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent.

(b) NO CLASS ACTIONS. You and EWC explicitly agree to the fullest extent allowable and enforceable under applicable law, that any Dispute must be decided on an individual basis. you agree that any and all Disputes (which you acknowledge and agree SHALL BE defined as broadly as possible) will be resolved individually, and without resort to any form of class, collective, or representative action. All claims must be brought solely in a party’s individual capacity, and not as a plaintiff or class member in any purported class action, collective action, consolidated action, representative action, or proceeding. Notwithstanding any other clause contained in these Terms, any challenge to the validity of this SECTION 12(b) must be determined by a court of competent jurisdiction and not by an arbitrator.

(c) WAIVER OF JURY TRIAL. Each party hereby knowingly, voluntarily, and intentionally waives, to the fullest extent permitted by law, any and all rights they may have (including but not limited to, their constitutional or statutory right) to a trial by jury in any legal proceeding for any Dispute, including but not limited to Disputes arising out of or relating to these Terms or the relationship of the parties.

(d) TIME BAR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU WANT TO ASSERT A DISPUTE AGAINST EWC, THEN YOU MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES – OR IT WILL BE FOREVER BARRED.

(e) VENUE. You irrevocably consent to the exclusive jurisdiction of the federal and state courts in Collin County, Texas, United States of America, for purposes of any legal action arising out of or related to these Terms, and waive any objections as to personal jurisdiction as to the laying of venue in such courts due to: (a) inconvenient forum; or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - NO WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 15 - GOVERNING LAW

You agree that these Terms, and any Dispute arising from or relating to these Terms, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Texas, United States.

SECTION 16 - Artificial Intelligence Tools

We may utilize artificial intelligence, machine learning tools, or similar technology on the Site (“Artificial Intelligence Tools”) to enhance your experience and to assist us with customer service. You acknowledge and agree that any information that you provide on the Site may be used as an input for such Artificial Intelligence Tools. You further agree that we (or one of our vendors) may use any output generated from the Artificial Intelligence Tools for our own commercial purposes, including to develop and improve the Service.

SECTION 17 - MOBILE APP TERMS

Subject to these Terms, EWC grants you a limited, non-exclusive, revocable, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile cellular device or tablet owned or otherwise controlled by you (“Device”) strictly in accordance with these Terms. You acknowledge that EWC may from time-to-time issue upgraded versions of the App and may automatically electronically upgrade the version of the App that you are using on your Device. You consent to such automatic upgrading on your Device and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the App or any copy thereof, and EWC and its third-party licensors or suppliers retain all right, title, and interest in and to the App (and any copies of the App). Standard carrier data charges may apply to your use of the App.

A. Terms Specific to Apple Mobile Devices. If you are accessing or using our App on any Apple, Inc. (“Apple”) Device, the following additional terms and conditions apply to you and are incorporated into these Terms by this reference:

a. To the extent that you are accessing the App through an Apple Device, you acknowledge that these Terms are between you and EWC, and that Apple is not a party to these Terms other than as a third-party beneficiary as contemplated below.

b. You acknowledge that EWC, and not Apple, is responsible for providing the App and content thereof.

c. The license granted to you in this Section 17 is limited, nontransferable, and subject to the permitted Usage Rules set forth in the Apple Media Services Terms and Conditions. The license is limited to use the App on any Apple-branded products that you own or control as permitted by these Terms, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions), volume purchasing or Legacy Contacts.

d. As between EWC and Apple, EWC is solely responsible for providing any maintenance and support services with respect to the App that EWC may offer (which, if provided, is provided in EWC’s sole discretion). You acknowledge that Apple has no obligation whatsoever to furnish maintenance or support services with respect to the App.

e. You and EWC acknowledge that EWC, not Apple, is responsible for addressing any of your claims or any third-party claims relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

f. Further, you agree that if the App or your possession and use of the App infringes a third party’s intellectual property rights, EWC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, but only to the extent it relates to your use of the App.

g.  You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

h. When using the App, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the App. You may not use the App on a device that has firmware or software configuration that has not been authorized by Apple (“jailbroken”) device.

i. TO THE EXTENT ANY WARRANTY, WHETHER EXPRESS OR IMPLIED, REGARDING THE APP ARISES BY LAW OR HAS NOT BEEN DISCLAIMED UNDER THESE TERMS, EWC, AND NOT APPLE, IS SOLELY RESPONSIBLE FOR SUCH WARRANTY. IF YOU ARE A CUSTOMER OF THE SERVICES AND THE APP FAILS TO CONFORM TO SUCH WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE (IF ANY) PAID FOR THE APP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECTED TO THE APP, AND ANY OTHER CLAIMS, LOSS, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO THE WARRANTY IS EWC’S SOLE RESPONSIBILITY.

B. Terms Specific to Android Mobile Devices. If you downloaded the App through Google, Inc.’s (Google, Inc. together with all of its affiliates, “Google”) Google Play Store, the terms and conditions below apply to you and are incorporated into these Terms by this reference.

a. The license granted in this Section SECTION 17 is limited to accessing the App by way of download via Google Play Store, except that the App may be used by a family group and family members whose accounts are joined together for the purpose of creating a family group.

b. You acknowledge and agree that these Terms are between you and EWC, and that Google is not a party to these Terms and Google is not responsible for providing support services for the App.

c. If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement (the current version as of the date of these Terms is located at: https://play.google.com/about/developer-distribution-agreement.html). The terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.

SECTION 18 - CHANGES TO TERMS OF USE

You can review the most current version of the Terms at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Service. These updates and/or changes will be effective as of the “Last Updated” date at the top of this page. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 19 - CONTACT INFORMATION

Questions about these Terms should be sent to us at shop@waxcenter.com.

 

 [TC2]Insert jump links into table of contents.