(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) You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Membership.
(d) 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.
(e) 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.
(g) 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.
(i) 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.
(j) HairMax is not obligated to renew this Membership. If HairMax does offer to renew this Membership, HairMax will determine the price and terms.
(k) There is no informal dispute settlement process available under this Membership.
(l) “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.
(m) 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.
(n) 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.
(o) 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).
(p) 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.
(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.