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HCFB Careers Messaging Terms & Conditions

Last Updated: November 18, 2024

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”).

By opting in or otherwise agreeing to HCFB Careers Messaging, you agree to be bound by these Terms, as well as our Privacy Policy, Terms of Service for the HCFB Digital Platforms, and any other applicable terms and rules, which are hereby incorporated by reference. We sometimes refer to these, collectively, as our “Agreement” with you. If there is a conflict between the Terms of Service for the HCFB Digital Platforms and these HCFB Careers Messaging Terms, these Terms apply.

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 legal@haircuttery.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.

Opting into HCFB Careers Messaging means that you are providing express written (and in some instances, signed) consent to receive recurring texts about HCFB company matters, potential employment, and employment with HCFB, including those sent via an ATDS and other technologies, at the mobile telephone number associated with your opt in; and, that we can use an electronic record to document your consent. You also agree that your information can be processed in accordance with our Privacy Policy. As part of your opt in, you certify that you are over the age of 18 (unless you are a resident of Alabama, Nebraska, or Mississippi, in which case you must be over the age of 19 or 21, respectively), are authorized to consent to receive recurring texts on the relevant mobile telephone number, and are a current subscriber of that number on a personal, family, or business plan. If you change or deactivate your mobile phone number, please contact us at HR@haircuttery.com.

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.

Getting help

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.

Privacy

HCFB Careers Messaging may convey information of a personal nature, including but not limited to appointment information, booking information, and service details, and whoever has access to the mobile phone or carrier account will also be able to see this information. By opting in, you agree to this and acknowledge and understand that messages are sent without encryption, which presents some security risk. If you have any questions regarding privacy, please read our Privacy Policy.

Disclaimers

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.

Termination

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.

Dispute resolution

We want to try to sort out any disagreements without a formal legal proceeding or case. If a Dispute or disagreement arises between you and HCFB, before filing a claim or arbitration, you and HCFB will try in good faith to reach an informal resolution. To start the Dispute resolution process, you must send an individualized Notice of Dispute to us at legal@haircuttery.com that includes (1) your name, phone number, email address for and (2) a description of the Dispute or disagreement and how you’d like it resolved. If HCFB has a Dispute or disagreement with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and HCFB must cooperate to schedule that meeting by phone or videoconference. You and HCFB each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

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 and 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.

Controlling Law. Any claim, dispute or matter arising under or in connection with our Digital Platforms or the Agreement (which includes these Terms, the Privacy Notice, and every other part of our Agreement) shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia, the Federal Arbitration Act, and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.

The foregoing provisions, under “Dispute Resolution,” will continue to apply even if you validly opt out of mandatory individual arbitration and class action waiver.

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 this mandatory individual arbitration provision, 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.

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 Hair Cuttery® Messaging Terms constitutes a waiver of your right to litigate claims with HCFB 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, this and prior versions of the Hair Cuttery® Messaging Terms, and every other part of our Agreement (“Disputes”) 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 and HCFB agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and, except as provided in the section below regarding “Batch Arbitration,” Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. This means that you, and HCFB, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the arbitrator issues an award on the arbitrable claims and remedies. The arbitrator does not have the power to modify this provision.

Arbitration Procedures. To initiate arbitration, either you or HCFB must first complete the Informal Dispute Process, wait until the Informal Dispute Resolution Period has end, and then must file an arbitration demand with the American Arbitration Association (“AAA”). You must serve HCFB with any arbitration demand by mail to:

HC Salon Holdings, Inc. d/b/a Hair Cuttery Family of Brands

c/o Legal Department

1640 Boro Place, 4th Floor

McLean, Virginia 22102

If HCFB has a Dispute with you, we will send an arbitration demand to the email we have on file for you.

The arbitration will be conducted in English by a single arbitrator. Unless otherwise agreed by the parties or ordered by the arbitrator, (1) if the amount in controversy for an individual claim is less than $25,000, there will be no telephonic or in-person only and the arbitration will be conducted as “documents-only”, even if the “Batch Arbitration” section, below, applies; and, (2) if the amount in controversy is $25,000 or more, the arbitration will be held by videoconference and there will be no in-person hearing. If, notwithstanding this provision, an in-person hearing is required, it will be held in the county where you live or, in the case of Batch Arbitration, in Fairfax County, Virginia.

The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, as modified by these Terms. But if you are using the Services as a business, and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply, as modified by these Terms. The arbitrator shall impose governing law, including the statute of limitations and other time-based defenses, and offers of judgment/compromise. Counsel must comply with Federal Rule of Procedure 11(b) and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law.

All issues shall be for the arbitrator, except that a court has exclusive authority to decide issues related to the arbitrability of a Dispute, the enforceability of any part of the Sections of these Terms labeled “Dispute resolution” and “Consent to mandatory individual arbitration and class action waiver”, including any party’s compliance with the Informal Dispute Resolution process.

Arbitration fees. Unless otherwise stated in these Terms, AAA rules and fee schedules will control the payment of all filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”).

Arbitration award. Except in a Batch Arbitration, described below, the arbitrator can award damages and other relief only in favor of the individual claimant, only to the extent necessary to provide relief warranted by the claimant’s individual claims, 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. The arbitrator will not be bound by decisions in other arbitrations and the award is final and binding on you and HCFB, except for any right of appeal as provided by the FAA or applicable law. Judgment on the award may be entered in any court with jurisdiction for purposes of enforcement.

Batch arbitration. If twenty-five (25) or more claimants submit Notices of Dispute or file arbitrations raising similar claims within a 120-day period (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the Disputes must be arbitrated in batches of up to one hundred (100) claimants each (“Batch”). Upon notice from either side, the AAA shall group the claimants into: (1) a single Batch (if there are 25-100 claimants), or (2) Batches of one hundred (100) claimants each, with a smaller, final Batch consisting of any remaining claimants (if there are more than hundred (100) claimants). The AAA shall thereafter provide for the resolution of each Batch as a single consolidated arbitration with a single arbitrator appointed by the AAA, one set of Arbitration Fees, and (if the arbitration is not documents-only) one hearing per Batch to be held by videoconference (or in a place decided by the arbitrator). The parties will cooperate in good faith to implement this process and minimize the time and costs of arbitration, and agree that the AAA Mass Arbitration Supplementary Rules shall apply, except as provided in this Section. Any challenges to administrative determinations by AAA shall be heard by a single process arbitrator. If this “Batch Arbitration” section is deemed unenforceable as to a particular claimant or Batch, then it shall be severed as to that claimant or Batch, and those parties shall arbitrate in individual proceedings.

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.

You may opt out of this mandatory individual arbitration provision and class action waiver. If are a new participant in our text messaging service, and you do not consent to this mandatory individual arbitration provision, you can opt out within 30 days after the date on which you first opt in to our text messaging services and accept these Terms. To opt out, you must timely send a written notification to legal@haircuttery.com or timely mail your 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. 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 the Hair Cuttery® Messaging Terms and the text messaging services.

Miscellaneous

Entire Agreement. The Agreement (which includes these Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Policy, and other written terms and policies, as applicable) is the entire agreement between you and HCFB with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Terms, the Terms of Service for the HCFB Digital Platforms, our Privacy Policy, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.

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

© 2024 HC Salon Holdings, Inc. All Rights Reserved. All designs, logos and related marks associated with the Service are trademarks or registered trademarks of HCFB or licensed to HCFB. All rights reserved.