VIP Membership Terms & Conditions 2021
Every HairMax Laser Device comes with a two-year manufacturer’s limited warranty against defects. HairMax VIP Membership adds an exclusive upgrade program for a new HairMax Laser Device and a 20% discount on all HairMax hair care products during your two-year membership, all as further described in the below Terms and Conditions.
These terms and conditions (the “Membership”) govern the services provided by Lexington International, LLC (“HairMax”) under the HairMax VIP Membership program and includes the terms in this document, your Membership Confirmation (“Membership Confirmation”), and the original sales receipt for your Membership. Your Membership Confirmation will be provided to you at the time of purchase. Memberships are only available for purchase from HairMax. You may obtain a copy of your Membership Confirmation by contacting HairMax customer support at 561-417-0200, pressing Option 2, Monday through Friday, between the hours of 9 am and 5 pm Eastern Time.
Benefits under this Membership are additional to your rights under applicable laws and the manufacturer's limited warranty.
The Membership covers the following equipment (collectively, the “Covered Equipment”): the HairMax Flip 80 Laser Cap, the HairMax Laser Cap 202, the HairMax Laser Cap 272, the HairMax LaserBand 82, the HairMax LaserBand 41, the HairMax Ultima 12 LaserComb, and the HairMax Ultima 9 Classic LaserComb Devices (each, a “Covered Device”).
Coverage begins when you purchase the Membership and continues through, unless cancelled, two (2) years from the date of purchase of the Covered Device (the “Membership Term”). Each purchase of a Membership covers only (and applies to) a single Covered Device that you purchase from HairMax (for example, if you purchase 2 Covered Devices, you will have to purchase 2 Memberships for both Covered Devices to be covered under the Membership).
You can find the price of the Membership on the original sales receipt.
2. Exclusive Upgrade
With your Membership, you will have the exclusive opportunity to upgrade your Covered Device to a new HairMax Laser Device model at the end of your Membership Term, at a 35% discount off of the then current retail pricing of the new HairMax Laser Device model you select. If you decide to upgrade your Covered Device, you must contact HairMax customer support within 30 days of your Membership Term expiration (HairMax will not be able to honor any upgrade after this time, you will forfeit the exclusive upgrade opportunity, and HairMax’s obligations under this Membership to you with respect to the exclusive upgrade program will be fully extinguished).
To purchase your upgrade and receive your exclusive discount, please contact HairMax customer support at 561-417-0200, pressing Option 2, Monday through Friday, between the hours of 9 am and 5 pm Eastern Time.
As part of the upgrade, you agree to (i) return your Covered Device to HairMax, (ii) provide your HairMax Order number for the Covered Device, Covered Device serial number and a copy of your original proof of purchase, and (iii) follow instructions HairMax gives you. You must ship the Covered Device to HairMax in accordance with HairMax’s instructions. Once HairMax receives your Covered Device, HairMax will ship the new HairMax Laser Device model to you (if you upgrade the Covered Device, the original product becomes HairMax’s property and the replacement product is your property). HairMax will pay for shipping to your location in the United States if you follow all instructions. If you seek an upgrade from outside the United States, you must comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges, and you must pay for the shipping fees from HairMax to your location outside the United States.
Please note that your Membership will expire at the end of your Membership Term for the Covered Device, and there will not be any Membership coverage for your new HairMax Laser Device model. However, at the time of your upgrade, HairMax may also offer you the opportunity to purchase a new Membership for your new HairMax Laser Device model, and if you purchase such new Membership, coverage will be effective for your new HairMax Laser Device model for a new Membership Term.
HairMax may change the HairMax Laser Device models available for upgrade and the method by which HairMax provides the exclusive upgrade program to you. The exclusive upgrade discount cannot be combined with any other discount or promotion.
3. Special Discount on HairMax Hair Care Products
During the Membership Term, you can receive a 20% discount on all of your HairMax hair care product orders from HairMax. To place an order and receive your discount, please contact HairMax customer support at 561-417-0200, pressing Option 2, Monday through Friday, between the hours of 9 am and 5 pm Eastern Time. As part of your purchase, you agree to (i) provide your HairMax Order number for the Covered Device, or (ii) provide the special discount code that HairMax may provide to you in your Membership Confirmation.
All other terms and conditions apply to each sale of HairMax hair care products.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAIRMAX AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM HAIRMAX’S OBLIGATIONS UNDER THIS MEMBERSHIP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF HAIRMAX AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE MEMBERSHIP SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE MEMBERSHIP. HAIRMAX SPECIFICALLY DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.
THE BENEFITS CONFERRED BY THIS MEMBERSHIP ARE IN ADDITION TO ANY RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, HAIRMAX’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5.1 Cancellation of Memberships
You may cancel this Membership at any time for any reason. If you decide to cancel this Membership, you may contact HairMax customer support at 561-417-0200, pressing Option 2, Monday through Friday, between the hours of 9 am and 5 pm Eastern Time. Unless local law provides otherwise, cancellation refunds will be provided as follows:
(a) If you cancel within thirty (30) days of your purchase of the Membership, you will receive a full refund less the value of any benefits provided to you under the Membership.
(b) If you cancel more than thirty (30) days after your purchase of the Membership, you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Membership Term from the Membership’s date of purchase, less (a) a processing fee of twenty-five ($25) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any benefits provided to you under the Membership.
Unless applicable local law provides otherwise, HairMax may cancel this Membership for fraud or material misrepresentation upon thirty (30) days prior written notice.
5.2 Effect of Cancellation
Upon the effective date of your early cancellation, HairMax’s future obligations under this Membership to you are fully extinguished.
6. Transfer of Membership
You may make a one-time permanent transfer of all of your rights under the Membership to another party, provided that: (i) you transfer to the other party the HairMax Order number for the Covered Device, the Covered Device serial number, a copy of your original proof of purchase, and the Covered Device; (ii) you notify HairMax of the transfer by contacting HairMax customer support at 561-417-0200, pressing Option 2, Monday through Friday, between the hours of 9 am and 5 pm Eastern Time; and (iii) the other party accepts the terms of the Membership. When notifying HairMax of the transfer, you must provide the HairMax Order number for the Covered Device, the Covered Device serial number, a copy of your original proof of purchase, and the name, address, telephone number and email address of the new owner.
7. General Terms
(a) HairMax may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(b) HairMax is not responsible for any failures or delays in performing under the Membership that are due to events outside HairMax’s reasonable control.
(c) This Membership is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase this Membership. This Membership may not be available in all states of the United States and is not available where prohibited by law.
(d) In carrying out its obligations, HairMax may, solely for the purposes of monitoring the quality of HairMax’s response, record part or all of the calls between you and HairMax.
(f) HairMax has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction. You will be responsible for the instructions you give to HairMax regarding the processing of data, and HairMax will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Membership. If you do not agree with the above or if you have questions regarding the processing of your data, contact HairMax at the telephone numbers provided.
(h) The terms of the Membership shall prevail over any conflicting, additional, or other terms of any purchase order or other document and constitute your and HairMax’s entire understanding with respect to the Membership.
(i) HairMax is not obligated to renew this Membership. If HairMax does offer to renew this Membership, HairMax will determine the price and terms.
(j) There is no informal dispute settlement process available under this Membership.
(k) “HairMax” is Lexington International, LLC, a Florida limited liability company with its registered office at 1040 Holland Drive, Boca Raton, Florida 33487, and doing business in the state of Florida as HairMax.
(l) Except where prohibited by law, the laws of the State of Florida govern the Memberships purchased in the United States and/or any jurisdiction outside of the United States.
(m) The laws of the State of Florida will govern this Membership and any dispute arising under it. The rate that is charged for this Membership is not subject to regulation by the Florida Office of Insurance Regulation. No cancellation fee will be imposed in the event of a cancellation.
(n) This Membership shall not be deemed a service contract, insurance contract or similar type of agreement. If you purchase the Membership, you understand and agree that such purchase shall be deemed to be made in the State of Florida for all purposes (notwithstanding the fact that you may be a resident of a different state).
(o) This Membership and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements negotiated, executed and performed wholly and solely within the State of Florida. The parties agree that the State of Florida’s conflicts of laws rules shall not apply to this Membership or any transaction performed by or under this Membership. All sales are made Point of Sales Boca Raton, Florida and sold FOB Boca Raton.
(p) The parties to this Membership irrevocably submit and consent to the sole and exclusive jurisdiction and venue of the Florida state courts in and for Palm Beach County, Florida, U.S.A. and the Federal Courts in and for the Southern District of Florida, U.S.A. The parties agree not to raise the defense of forum non-convenience.
(q) The parties to this Membership irrevocably submit and consent to the sole and exclusive jurisdiction and venue of the Florida state courts in and for Palm Beach County, Florida, U.S.A. and the Federal Courts in and for the Southern District of Florida, U.S.A. The parties agree not to raise the defense of forum non-convenience.
1-800-973-4769 or 1-561-417-0200
* Telephone numbers and hours of operation may vary and are subject to change. You can find the most up-to-date local and international contact information here.