HCFB Careers Messaging Terms & Conditions
Last Updated: May 9, 2023
Please read the following HCFB Careers Messaging Terms & Conditions (“HCFB Careers Messaging Terms” or “Terms”) carefully. These Terms apply to HCFB Careers Messaging. (“Program”). HCFB Careers Messaging delivers career-related information to job candidates, current employees, and alumni via short messaging service (“SMS”), mobile messaging service (“MMS”), and similar communications. Parts of HCFB Careers Messaging may use an automatic telephone dialing system (“ATDS”).
If you do not agree with these Terms, you should not opt into HCFB Careers Messaging. If you have already opted in, you should opt out, as described below.
IMPORTANT NOTICE: These Terms and the rest of our Agreement is a legally binding contract between you and HCFB, and includes important provisions governing how you and HCFB will resolve any disputes. Please read all of these Terms carefully as they include important promises that could affect your legal rights. In particular:
You agree to email us at email@example.com before you bring a claim in court or initiate an arbitration so that we can try to reach an agreement informally. And, we agree to do the same, provided we have a valid email address for you.
You agree that any disputes between you and HCFB will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and HCFB will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
You also agree that you will not try to sue us in a class action. This is called a “CLASS ACTION WAIVER.”
Who we are
We are HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands, and its direct and indirect subsidiaries and affiliates (“HCFB”, “we”, or “us”). We manage a family of brands that includes: Hair Cuttery®, Bubbles® Salons, and cibu® (“Our Brands”).
About HCFB Careers Messaging
HCFB Careers Messaging delivers informational texts about HCFB company matters, potential employment and employment with HCFB, sent via MMS and SMS messaging channels (including using an ATDS) to job seekers, potential employees, employees, and alumni. Examples of information communicated via HCFB Careers Messaging include, but are not limited to job openings, recruiting updates, application status, welcome messages, scheduling, closures, reminders, emergencies, systems and security alerts, benefits reminders, training programs, policies, employment surveys, retention programs, and other employment related messages, company updates, announcements, and other related informational matters. These communications may be sent on a recurring basis. Frequency may vary and we reserve the right to alter message frequency at any time.
Communications sent via HCFB Careers Messaging may vary from recipient to recipient, including based on current employment or application status with HCFB.
Although HCFB Careers Messaging is complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. HCFB will not reimburse these costs unless required by law or other agreement. HCFB Careers Messaging is not compatible with all cell phone models and not all mobile phone providers carry the necessary service to participate. Check your phone capabilities. You should have a wireless device of your own that is capable of two-way messaging, be using one of the participating wireless carriers (listed below), and be a wireless service subscriber with text messaging service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
You have choices about the texts you receive from us. To learn more, please keep reading.
How to opt into HCFB Careers Messaging
You can opt into HCFB Careers Messaging as a job seeker, current employee, or alumni. Once you opt into HCFB Careers Messaging, you may continue receive career and company related communications regardless of whether you are a job seeker, potential employee, current employee, or alumni, until you opt out, as described below, even if your relationship or employment status with HCFB changes.
Job seekers. Job seekers can choose to enroll in HCFB Careers Messaging when they submit an application, create an account, or otherwise inquire into employment opportunities, including by selecting to receive career updates by text and email. By opting into HCFB Careers Messaging, job seekers consent, in writing, to receive text messages sent via an ATDS and other technology on a recurring basis until they opt out of the program, including after the cessation of their application process or any employment with HCFB.
Current employees. Current employees may opt into HCFB Careers Messaging prior to or during the course of their employment, including via one of our online portals, by submitting a job application or inquiry, or by otherwise consenting to receive such texts at a cellphone number that they provided. Current employees who agree to HCFB Careers Messaging provide express written consent to receive those messages via an ATDS and other technology on a recurring basis until they opt out, even after the cessation of their position or employment with HCFB.
Alumni.Although alumni who enrolled in HCFB Careers Messaging during their employment or the hiring process expressly consented to receive those communications even after employment, we may confirm that such alumni do not wish to opt out upon or after departure. We may provide alumni who did not enroll in HCFB Careers Messaging prior to departure the opportunity to receive career and company related texts, for example via email. Former employees may opt in by agreeing. Alumni who agree to HCFB Careers Messaging provide express written consent to receive those messages via an ATDS and other technology on a recurring basis until opting out.
How to opt out of HCFB Careers Messaging
To opt out of HCFB Careers Messaging, text STOP in response to one of our messages from the associated mobile telephone number, click on the link contained in one of our texts, or email HR@haircuttery.com. Your opt out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After this, you won’t receive texts through HCFB Careers Messaging, unless you re-enroll, except that if you are a current employee you may still receive certain critical business and emergency texts under specific, necessary circumstances. If you change your mind, and want to receive HCFB Careers Messaging again, just sign up as you did the first time.
Please let us know if you need help with any part of HCFB Careers Messaging by emailing us at HR@haircuttery.com.
Supported carriers for our texting services
Supported mobile carriers may change from time to time, but the texting services are currently supported on the following U.S. carriers for SMS messages: Sprint, Verizon, AT&T, T-Mobile, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Texting Services are currently supported on the following U.S. carriers for MMS messages: Sprint, Verizon, AT&T, and T-Mobile.
Please note, however, that the supported mobile carriers may change without notice, and the texting services you opt into, including those operated through a different number, may be limited to specific carriers. We and the mobile carriers are not liable for delayed or undelivered messages.
HCFB Careers Messaging is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of a product, software, coverage, or other changes made by your wireless or internet provider. We will not be liable for delays or failures in the receipt of any messages connected with any of our electronic messaging services.
Changes to HCFB Careers Messaging and these Terms
You agree that HCFB may, at any time and for whatever reason change, terminate, limit or suspend HCFB Careers Messaging (in whole or in part) or your access to our text messaging services. We reserve the right to alter message frequency at any time. HCFB also reserves the right to update or revise these Terms at any time. Notwithstanding the foregoing, your use HCFB Careers Messaging after such changes signifies your acceptance of the revised terms.
We may terminate all or any part of HCFB Careers Messaging or your participation at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but the these Terms will still apply. Upon any termination, any rights granted to you with regard to the HCFB Careers Messaging will immediately cease.
We want to try to sort out any disagreements without a formal legal proceeding or case. If a dispute arises between you and HCFB, you agree to first contact us by emailing firstname.lastname@example.org filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, either of us may bring a formal proceeding.
Judicial Forum for Disputes. You and HCFB agree to submit to the exclusive jurisdiction of the state and federal courts of the Commonwealth of Virginia, USA, subject to the mandatory, individual arbitration provisions, below. Both you HCFB consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.
Consent to mandatory individual arbitration and class action waiver
Arbitration is a form of private dispute resolution that replaces the right to go to court. If you consent to mandatory arbitration and this class action waiver, you agree that you won’t file a lawsuit, have your dispute heard by a judge or jury, represent a class, or join a class as a member. Without this arbitration agreement, you might have had the right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). If you agree to arbitrate a dispute, you waive those rights; and, instead of being decided by a judge or jury in court, your dispute will be submitted to a neutral third person (an “arbitrator) who will make a binding decision. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You have the right to opt out and we explain how you can do that below. If you opt out, you retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this provision carefully. Unless you opt out, in accordance with our instructions, below, all disputes between you and HCFB shall be resolved by binding, individual arbitration. Except as otherwise provided, entering into the HCFB Careers Messaging Terms constitutes a waiver of your right to litigate claims in court, participate in or represent a class, and all opportunity to be heard by a judge or jury.
We both agree to arbitrate our claims. You and HCFB agree to resolve any claims relating to or arising from our text messaging services, these Terms, and every other part of our Agreement through final, binding, and individual arbitration by a single arbitrator, unless you fall under one of the exceptions to the agreement to arbitrate, which are described below. This includes, but is not limited to, disputes arising out of or relating to this mandatory individual arbitration provision and threshold questions of whether or not the dispute can be arbitrated.
NO CLASS ACTIONS. You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to these Terms you and HCFB are each waiving the right to trial by jury or to bring or participate in a class action or class arbitration of claims relating to or arising out of our HCFB Careers Messaging Terms or Agreement. You are not allowed to bring or participate in class actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions against HCFB. The arbitrator does not have the power to modify this provision.
Arbitration Procedures. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in our home county, in the Commonwealth of Virginia or another location to which we agree. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this provision.
Arbitration costs and incentives. AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.
Arbitration award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Exceptions to the agreement to arbitrate. This mandatory individual arbitration provision does not apply to: (1) qualifying claims brought in small-claims court or (2) a lawsuit for injunctive relief to stop unauthorized use of our text messaging services or infringement on intellectual property rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in Fairfax County, Virginia.
You may opt out of this mandatory individual arbitration provision and class action waiver. If you do not want to agree to this mandatory individual arbitration provision, you can opt out by mailing written notification to the address below. Your decision to opt out will have no adverse effect on your relationship with HCFB.
HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands
c/o Legal Departmentz
640 Boro Place, 4th Floor
McLean, Virginia 22102
Your written notification must include your name, the email address associated with your account, and that you want to opt out of the mandatory individual arbitration agreement. In order for your opt out to be effective, you must mail us within thirty (30) days of signing up for an account with us or acknowledging that you have been notified of these HCFB Careers Messaging Terms, whichever comes later. Any opt out request received after the deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
Continuation. This provision shall survive the termination of your service with HCFB, our parents, subsidiaries, and affiliates.
Severability.If any part of the “Dispute resolution” or “Consent to mandatory individual arbitration and class action waiver” sections is found to be unenforceable, it will be severed and the rest of this section will remain in full force except as follows. If the prohibition against class or representative actions is found to be unenforceable, the remainder of the mandatory individual arbitration provisions is null and void. Otherwise, the terms of this provision will survive termination of these Terms and HCFB Careers Messaging.
Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.
Your comments and questions
Please call our Guest and People Care Center at 877-319-3919 contact us using the "Contact Us" methods available on our Digital Platforms, or email us at HR@haircuttery.com, if you have any questions, requests or comments
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