Terms of Use

TERMS OF USE

Hairsite.com Terms of Use

TSE Publishing, Inc. provides the hairsite.com website, its forums, its content, and any services provided in association with its website, forums, personal journals, and other content (collectively “Site Content”). You hereby agree that, by accessing the hairsite.com Site Content, you have read, comprehended, and agree to be bound by these Terms of Use. You further agree that these Terms of Use are binding regardless of whether you access or use the hairsite.com forums or create a registered user account or personal journal with hairsite.com.

YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT TSE PUBLISHING, INC., WHICH PUBLISHES THE HAIRSITE.COM WEBSITE AND THE SITE CONTENT, IS A PURELY INFORMATIONAL SERVICE THAT DOES NOT PROVIDE MEDICAL SERVICES OR ADVICE. NOTHING CONTAINED IN HAIRSITE.COM SHALL BE CONSIDERED AS MEDICAL OPINIONS. YOU AGREE TO SEEK MEDICAL ADVICE FROM YOUR OWN PHYSICIAN OR DOCTOR BEFORE PROCEEDING TO USE ANY TREATMENT OR PRODUCT THAT YOU HAVE READ ABOUT ON HAIRSITE.COM. YOU HEREBY ALSO AGREE AND ACKNOWLEDGE THAT TSE PUBLISHING, INC. WILL NOT BE LIABLE FOR SERVICES THAT ARE PROVIDED BY THIRD PARTIES NOT OWNED OR OPERATED BY TSE PUBLISHING, INC., INCLUDING BUT NOT LIMITED TO THIRD PARTY MEDICAL, SURGICAL, OR INFORMATIONAL SERVICES THAT ARE ADVERTISED THROUGH HAIRSITE.COM AND THE SITE CONTENT.

The Site Content is available "as is." without warranty, express or implied. The Site Content are not warranted to be error free and we reserve the right to correct any errors or omissions in this service. HairSite makes no representations or warranties regarding the accuracy, reliability, currentness, completeness, or timeliness of the Site Content, software, text, graphics, videos, links, or communications provided on or through the use of the HairSite.

Nothing contained in HairSite.com or linked to by HairSite.com is intended to be instructional for medical diagnosis or treatment. It should not be used in place of a visit, call, consultation or the advice of your physician or other qualified health care provider. Always seek the advice of your physician or other qualified health care provider promptly if you have any questions or before you undergo any treatment or begin a treatment program.

The hairsite.com Site Content is protected by copyright law and is hereby licensed to you for your lawful use subject to the terms and conditions of this Terms of Use agreement and the Hairsite.com Copyright Policy. You may not use the hairsite.com Site Content for any purpose other than those allowed under these Terms of Use or under your fair use rights under United States copyright law.

READ THESE TERMS OF USE. THEY CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE HAIRSITE.COM SITE CONTENT.

TSE PUBLISHING, INC. MAY MODIFY, DELETE, OR ADD TO THESE TERMS OF USE AT ANY TIME WITHIN ITS DISCRETION. IF TSE PUBLISHING, INC. CHANGES ITS TERMS OF USE, IT WILL CHANGE THE EFFECTIVE DATE OF THE TERMS OF USE LOCATED AT THE TOP OF THIS PAGE. YOU AGREE TO BE BOUND BY ANY MODIFICATION OF THESE TERMS OF USE. YOU ALSO AGREE TO REVIEW THE MOST CURRENT VERSION OF THESE TERMS OF USE PRIOR TO USING THE WEBSITE OR SITE CONTENT. YOUR USE OR ACCESS OF THE SITE CONTENT SUBSEQUENT TO A CHANGE IN THE EFFECTIVE DATE OF THESE TERMS OF USE CONSTITUTES AN ACCEPTANCE AND ASSENT TO THE CHANGE IN THE TERMS OF USE.

1. Registered Members of Hairsite.com or its Forums and Non-Registered Users

Use of the hairsite.com Site Content outside of uses explicitly provided in these Terms of Use is void where prohibited. Both registered members of hairsite.com, its personal journals, or its forums and non-registered users hereby agree to be bound by and abide by these Terms of use.

2. User Competency

By accessing the hairsite.com Site Content, you warrant and represent that you are over the age of 18 and that you are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties in this Terms of Use agreement. You further agree to abide by and comply with these Terms of Use.

3. Registered Forum Member Data

TSE Publishing, Inc. may provide you with a forums’ membership account and a personal journal wherein you may post text and other content to the hairsite.com website. You hereby agree that you will provide hairsite.com with the most current, accurate, and complete information about yourself where requested by hairsite.com or TSE Publishing, Inc. You understand that you have an ongoing duty to continually update your personal information if and when it changes. You agree to keep your forums’ membership account username and password secure from unauthorized access. You further agree that you are responsible for your registered forums’ member account and your personal journal and that you take full responsibility for any and all actions that occur using your forums’ membership account or personal journal. The specific terms in the Forum Policy also form part of this terms of use agreement.

4. Privacy Policy

You agree to be bound by TSE Publishing, Inc’s Privacy Policy which forms part of the terms of use agreement. TSE Publishing, Inc.’s Privacy Policy is incorporated by reference into these Terms of Use.

5. TSE Publishing, Inc.’s Rights in the Site Content

TSE Publishing, Inc. owns all of the hairsite.com Site Content, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement. TSE Publishing, Inc.’s Site Content also includes any and all trademarks, service marks, designs, and logos that are contained on the hairsite.com website. All of TSE Publishing, Inc’s Site Content is subject to copyright, trademark, and all other intellectual property rights.

Except for the User Generated Content that you provide, the Site Content may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the prior written consent of TSE Publishing, Inc.

6. TSE Publishing, Inc.’s Rights in Your User Generated Content

TSE Publishing, Inc. is not responsible for your User Generated Content, including but not limited to any text, photos, profile information, name, likeness, music, video, advertisements, listings, information, and any other content that you contributed to TSE Publishing, Inc.’s Site Content. You hereby agree and recognize that your User Generated Content belongs to you and that TSE Publishing, Inc. is not responsible for the content of any User Generated Content that is submitted to the hairsite.com Site Content. Your User Generated Content is subject to copyright, trademark, or any other intellectual property rights, including TSE Publishing, Inc.’s rights in your User Generated Content as outlined below.

You hereby agree to give TSE Publishing, Inc. an irrevocable and non-exclusive license to use any User Generated Content that you submit to the hairsite.com Site Content for the purposes of the hairsite.com website or our Trusted Partners Program. The purposes of the hairsite.com website include but are not limited to making copies of your User Generated Content for storage or archival purposes. You give TSE Publishing, Inc. permission to reproduce, publish, distribute, modify, destroy, or otherwise utilize your User Generated Content for the purposes of the hairsite.com website or our Trusted Partners program. You hereby explicitly agree to waive all moral rights in your User Generated Content, and you hereby warrant that you have not otherwise asserted moral rights in your User Generated Content.

You hereby agree and warrant that your User Generated Content will not violate or infringe upon the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain defamatory material or any other unlawful material.

TSE Publishing, Inc. will handle all notices of copyright infringement that comply with the provisions of the Digital Millennium Copyright Act in accordance with its Copyright Policy, which is incorporated by reference into this Terms of Use agreement.

7. Registered Member Forums Accounts and Personal Journals

You have the right to appoint others to act as your agent to use the Site Content. You hereby agree and warrant that any user that you authorize to have access to your member forums account or personal journal has the capacity to contract and is your authorized legal agent. You agree and warrant that you are responsible for any and all access to the Site Content by any authorized or unauthorized user of your account. It is your responsibility to control access to your member forums account and personal journal and to protect your username and password.

You hereby agree and warrant that you will hold harmless TSE Publishing, Inc. for any access to your account, whether authorized or unauthorized.

You understand and agree that you are responsible for performing any backups of your User Generated Content. You agree to hold harmless TSE Publishing, Inc. for any damage to, corruption of, or loss of your User Generated Content.

8. TSE Publishing, Inc. As Interactive Service Provider

You understand and acknowledge that TSE Publishing, Inc. is an interactive service provider under the definition outlined in § 230 of the Communications Decency Act. You understand and acknowledge that hairsite.com may contain User Generated Content that is submitted by users and contributed to the Site Content. You also understand and acknowledge that the hairsite.com Site Content may contain links to third party websites that TSE Publishing, Inc. does not own or control. You understand and acknowledge that TSE Publishing, Inc. bears no responsibility for these third party websites, their content, or their terms of use agreements, copyright policies, or privacy policies. You understand that you use third party websites at your own risk, and you hereby expressly warrant and agree to hold harmless TSE Publishing, Inc. for any and all liability arising out of your use of third party websites.

TSE Publishing, Inc. has no duty to review or monitor the Site Content, but it may choose to do so. TSE Publishing, Inc. may delete, remove, or archive Site Content, including User Generated Content, without notice to you and for any reason.

TSE Publishing, Inc. provides the Site Content as an interactive service provider. You understand and acknowledge that TSE Publishing, Inc.’s provision of the Site Content does not imply its approval or endorsement of third party or User Generated Content.

9. TSE Publishing, Inc’s Grant of Limited License to Use Site Content

TSE Publishing, Inc. hereby grants you a limited license to access and use the Site Content for your own personal non-commercial use. Any other use of the Site Content is hereby prohibited.

You may not republish, incorporate, or otherwise use TSE Publishing, Inc.’s Site Content without the prior written authorization of TSE Publishing, Inc. The use of any data mining, robots, scraping, or other data gathering or extraction methods on the Site Content is hereby prohibited. Any and all use of TSE Publishing, Inc.’s Site Content must keep intact all copyright, trademark, or other notices and provide the name of TSE Publishing, Inc. or hairsite.com, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Site Content, if any.

You hereby agree and warrant that you may only use the Site Content for commercial use with the prior written consent of TSE Publishing, Inc. Prohibited commercial uses include but are not limited to the sale of the Site Content, use of the Site Content for the purpose of gaining subscription or advertising revenue, and the use of the Site Content to displace the market of TSE Publishing, Inc.

You hereby agree and warrant that you will not modify the Site Content or otherwise make derivative works of the Site Content.

You hereby agree and warrant that you will comply with these Terms of Use and with all applicable local, national, and international laws and regulations.

This limited license will terminate automatically if you breach the terms and conditions of this Terms of Use agreement. TSE Publishing, Inc. may, in its discretion, terminate your membership and delete your member forums account, your personal journal, and any User Generated Content for a breach of these Terms of Use.

10. Trademarks

TSE Publishing, Inc.’s trademarks and trade dress, including but not limited to HAIRSITE, are registered or common-law trademarks, trade dress, or trade names in the United States and are used and prosecuted in accordance with the laws of the United States. You may not use the trademarks, trade names, or trade dress of TSE Publishing, Inc., or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. TSE Publishing, Inc.’s trademarks, trade names, and trade dress may not be used or imitated without the prior written consent of TSE Publishing, Inc.

11. Warranties, Representations, and Disclaimer

THE SITE CONTENT OF HAIRSITE.COM IS OFFERED ON AN AS-IS BASIS. TSE PUBLISHING, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE CONTENT, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY TO YOU.

TSE PUBLISHING, INC. IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED ON THE HAIRSITE.COM WEBSITE. TSE PUBLISHING, INC. ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO A MEMBER FOURMS ACCOUNT OR PERSONAL JOURNAL, OR ALTERATION THEREOF.

TSE Publishing, Inc. reserves the right to discontinue the Site Content at any time and for any reason.

12. Limitation of Liability

YOU HEREBY AGREE AND WARRANT THAT TSE PUBLISHING, INC. WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY AND ALL DAMAGES THAT MAY ARISE OUT OF THIS LICENSE OF THE SITE CONTENT, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY. YOU HEREBY AGREE THAT TSE PUBLISHING, INC. WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE SITE CONTENT AND SERVICE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1000. IF NO FEES ARE PAID BY YOU TO TSE PUBLISHING, INC., YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME STATES DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IF THAT IS THE CASE, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER YOUR STATE’S LAWS.

13. Indemnification of TSE Publishing, Inc.

You hereby agree and warrant that you will indemnify, hold harmless, and defend TSE Publishing, Inc., including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including attorneys fees, that arise from: (1) your use of and access to the Site Content; (2) your violation of this Terms of Use agreement; (3) your violation of the rights of a third party, including by not limited to any intellectual property rights; or (4) any claims that your submission of User Generated Content to the hairsite.com website caused damage to a third party. You agree that this obligation to indemnify, hold harmless, and defend TSE Publishing, Inc. will survive the termination or failure of this Terms of Use agreement and your use of the Site Content.

14. Assignment

You may not assign your rights or duties granted under this Terms of Use agreement. TSE Publishing, Inc. may assign its rights and duties under this agreement at any time, including in a sale of the hairsite.com website and Site Content.

15. Issues regarding product or service complaints and refunds from hair treatment providers or vendors

HairSite will in no event be involved in customer or patient's request for refund from any hair loss treatment providers. If at any point you have requested for a refund from a hair loss treatment provider or if you are planning to request for a refund in the future, please DO NOT share your experiences or photos in our site, forum and personal journal. Some hair loss treatments, especially hair transplant surgery, may carry risks and are not suitable for everyone. There is no guarantee what kind of results one may get from a hair transplant surgery or virtually any hair loss treatments on the market, whether it be topical hair loss treatment such as minoxidil, oral medications, surgical hair transplant procedures or non-surgical hair replacement procedures such as hairpiece or toupees. No technique or treatment is perfect or totally risk free. Every hair loss treatment provider, hair transplant doctor and non-surgical hair replacement specialist has at least one patient or client who claims to be unhappy for whatever reason. Unhappy patients are prohibited from targeting any one particular doctor or vendor for repeated or ongoing criticisms because of his unsatisfactory experience nor are they allowed to post their experiences repeatedly in the forum. Instead, please follow HairSite standard procedure for filing an investigation or complaint against any particular hair transplant doctor, clinic or hair loss treatment provider. Email hairsite@aol.com for details. You further acknowledge that you have read and agree to our forum policy and the procedures and terms stated in hair transplant complaint as well as request for refund.

16. Outgoing Links, Advertisers, Sponsors

TSE Publishing, Inc may provide links from hairsite.com to third-party web sites and allow third-party advertisements to be displayed throughout hairsite.com. These sites also may select certain sites as priority responses to search terms you enter and we may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. TSE Publishing Inc does not recommend and does not endorse the content on any third-party websites or advertisements that are displayed on hairsite.com. TSE Publishing, Inc is not responsible for the content of linked third-party sites, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Outgoing links may lead to sites that contain inaccurate information, false or misleading advertising, or information that violates copyright, libel or defamation laws. TSE Publishing, Inc make no representations concerning any effort to review all of the content of sites listed in outgoing links. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Your information such as email address and questions you addressed to hairsite.com may be shared with our affiliates, advertisers and sponsors in order to provide you with news and updates on a regular basis. You can opt out from our updates by emailing hairsite@aol.com with the word REMOVE in the subject line.

17. Additional Terms and Conditions

You hereby agree that for all legal and non-legal purposes the Site Content is based in the State of New York. You also agree that hairsite.com, including but not limited to the Site Content, is a passive website and that the website or Site Content does not give rise to personal jurisdiction over TSE Publishing, Inc. in jurisdictions other than New York. This Terms of Use agreement will be governed by and interpreted under the laws of the State of New York, without regard to conflicts of laws principles. Any dispute arising out of or in connection with this agreement or the Site Content will be decided exclusively by arbitration.

YOU AND TSE PUBLISHING, INC. AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR CORRELATING TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN X, NEW YORK IN ACCORDANCE WITH MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF NEW YORK AND WILL HAVE THE DISCRETION TO AWARD ALL COSTS AND ATTORNEY’S FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEY’S FEES. YOU AND TSE PUBLISHING, INC. AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATION MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF NEW YORK THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND TSE PUBLISHING, INC. UNDERSTAND AND AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEW YORK IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THESE TERMS OF USE. YOU AND TSE PUBLISHING, INC. HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

The validity or enforceability of this agreement will not be affected by a finding that any provision of this Terms of Use agreement is invalid or unenforceable. If any provision of this agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.

No term or provision is waived and no breach of this agreement is consented to unless said waiver or consent is in writing and signed by the party to be charged with the waiver or consent.

This Terms of Use agreement and its incorporated Privacy Policy, Copyright Policy and Forum Policy constitute the entire agreement between the parties with respect to the Site Content and use of hairsite.com. There are no further understandings, agreements, or representations with respect to the Site Content that is not specified in this agreement. You understand that any additional provisions that may appear in any communication from you will not bind TSE PUBLISHING, INC.

YOU AND TSE PUBLISHING, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE CONTENT OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Effective Date: December 16, 2009 revised Jan 1, 2010