1. Acceptance of Terms
These Terms of Use (“Terms” or “TOU”) govern your access, as the user, to and use of the NewCuts.com website (the “Website”), including the viewing and downloading of Consultation Images, the use of related Website functions and features, and the submission of applications to become part of the NewCuts Salon Partner Program (the “Program”). The Website is operated by NewCuts, a DBA operating in Massachusetts pursuant to M.G.L. 110, § 6 (“NewCuts,” “we,” “us,” or “our”).
You affirmatively accept these Terms and agree to be legally bound by them when you download a Consultation Image. You will be given an opportunity to review the Terms prior to said download. If you do not agree, do not download Consultation Images, submit a Salon Partner application, or use any other feature that requires your express acceptance. These Terms apply to your use of the Website.
By accepting these Terms on behalf of a salon or other entity, you represent that you have authority to bind that entity. The Privacy Policy describes NewCuts’ information practices; acknowledging its availability does not itself constitute consent to every activity described in it.
2. Website Purpose and Eligibility
NewCuts provides an online curated hairstyle discovery resource, including illustrative images of hairstyles, hair colors, and bang styles (collectively, “Consultation Image”). The current Website does not offer consumer accounts, online purchases of any type, or appointments currently.
You must be at least eighteen (18) years of age to submit a Salon Partner application or independently enter into a binding agreement through the Website. Individuals under eighteen (18) may use features requiring contractual acceptance only with the involvement and express consent of a parent or legal guardian, where permitted by applicable law. NewCuts may decline submissions that do not satisfy these requirements or that we deem, in our sole discretion, to be ineligible.
3. NewCuts Consultation Images; Limited License
NewCuts Consultation Images are provided to help consumers explore hairstyles, hair colors and bang styles and communicate more clearly with their hairstylists.
Subject to your compliance with these Terms, NewCuts grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, and revocable license to view, download, save, copy, transmit, distribute, display, and reproduce individual Consultation Images solely for your own personal and non-commercial hairstyle discovery and consultation purposes. This includes but is not limited to allowing you to share a printed or electronic copy with a hairstylist or salon professional in connection with your own consultation or appointment; display a Consultation Image on your own personal social media accounts, platforms, and online communities; and share a Consultation Image with your personal network, including your friends, family, acquaintances, and other personal contacts.
Notwithstanding the foregoing, NewCuts also permits a hairstylist or salon to view and retain a Consultation Image furnished by a customer solely as reasonably necessary for that customer's consultation or salon services. This does not authorize a salon or other business to use the image in any independent advertising, promotion, marketing, resale, or other commercial exploitation without NewCuts’ prior written permission.
Downloading an image does not transfer ownership of the image, in whole or in part, or any other NewCuts intellectual property.
4. Image Use and Restrictions
NewCuts Consultation Images may not be sold, licensed, republished for any trade, commercial, or business purposes, incorporated into another commercial product or service, or used to falsely suggest an affiliation, connection, sponsorship, association with, or endorsement by, NewCuts.
NewCuts branding, including NewCuts.com, 1-800-NEWCUTS and QR codes appearing on Consultation Images, may not be intentionally removed, obscured, covered, or altered when an image is redistributed or publicly displayed.
Except as expressly permitted by these Terms or applicable law, you may not: (a) use any method to download, scrape, extract, harvest, mine, aggregate, copy, or compile any Website content, except for ordinary browsing and uses expressly permitted by Section 3, whether manually in bulk or by any automated means; (b) use Website content to develop, train, fine-tune, evaluate, enhance, benchmark, improve, or operate artificial intelligence (“AI”) or AI agents of any type or machine-learning systems or image libraries; (c) reproduce, transmit, or distribute Consultation Images as part of any business or commercial product, service, advertising campaign, or competing website; (d) circumvent or bypass technical controls or interfere with the Website’s operation in any way; (e) remove, obscure, alter, or disproportionately reduce the size or visibility of any proprietary notices, watermarks, QR codes, or any attribution, advertising, or promotional content on the Consultation Images; or (f) crop, cut down, or reframe the Consultation Images. You may reasonably resize the Consultation Images for your personal use, provided that such resizing does not alter, obscure, or impair the visibility or legibility of any content protected under subsection (e) herein.
For permission to use NewCuts materials beyond your personal use or to make any alterations or modifications to the Consultation Images, you may contact us at: info@newcuts.com.
5. AI-Generated Images; Hairstyle and Color Results
NewCuts Consultation Images are provided solely for hairstyle discovery, personal inspiration, and communication purposes.
The Consultation Images on the Website may be created, altered, or modified using artificial intelligence or other automated or creative means and may depict simulated or idealized hairstyles, colors, or appearances. The images are illustrative only and are not actual photographs of a particular result that NewCuts has achieved on a specific person, and may not accurately depict technical feasibility, actual or precise appearance, physical limitations, stylistic choices, or maintenance requirements.
Actual haircut, hairstyle, and hair-color results will vary based upon individual characteristics including hair type, texture, density, length, condition, natural color and other factors, as well as the techniques and professional judgment, skill, and proficiency of the stylist or colorist retained.
NewCuts does not guarantee, warrant, or represent that a particular hairstyle, hair color, or look shown on the Website can be reproduced exactly for any individual.
Any persons or likenesses depicted in AI-generated Consultation Images are illustrative only and are not intended to represent or imply the endorsement, sponsorship, or affiliation of any actual individual with NewCuts.
6. Professional Consultation; Independent Salons
NewCuts does not provide hairstyling, cosmetology, hair-coloring, or other professional salon or beauty services.
Consultation Images are intended to facilitate and support discussions between consumers and salon professionals about hairstyle preferences and desired results. They are not a substitute for the professional judgment, informed assessment, or specialized evaluation of a qualified stylist, colorist, or hair care professional.
NewCuts does not perform, supervise, oversee, or control the prices, professional services, or judgment of independent hairstylists, colorists, or salons, including any participating in the Salon Partner Program. NewCuts is not responsible for any acts, advice, omissions, errors, services, products, outcomes, results, costs, or charges of those independent providers. Any salon appointment, payment, or service arrangement is solely between the consumer and the applicable salon or professional, unless NewCuts expressly assumes an obligation concerning such arrangement in a separate written agreement.
7. Salon Partner Program
Submitting a Salon Partner application (“application”) expresses interest in potential participation in the NewCuts Salon Partner Program.
By submitting an application to us and agreeing to the Terms, you represent and warrant that the information provided in it is true, accurate, and complete in all material respects and that you possess the full legal authority to submit the application individually or on behalf of the designated salon or business, if applicable. You agree to promptly correct any material inaccuracies in your application and provide such additional information as NewCuts may reasonably request in connection with its evaluation of your application.
Submission of an application does not guarantee acceptance or participation and does not create a partnership, joint venture, collaboration, franchise, agency, employment relationship, exclusive territory, contractual right, or other business relationship with NewCuts.
Submission of an application also does not confer any right to customer referrals, particular geographic markets or territories, compensation, brand licenses, use of 1-800-NEWCUTS or our trademarks, or other business opportunities. NewCuts may review, accept, reject, or defer applications in its sole discretion, subject to applicable law.
By submitting an application, you authorize NewCuts to contact you using the contact information provided for purposes related to your application, its evaluation, and potential participation in the Program, subject to applicable law and the NewCuts Privacy Policy.
NewCuts reserves the right, in its sole discretion, to establish, modify, suspend, postpone, or discontinue the Program or certain features of it, in whole or in part, at any time, subject to any obligations expressly undertaken in a separate executed agreement.
No applicant becomes an authorized Salon Partner, and no franchise, agency, joint venture, employment, territorial, trademark-license, or other business arrangement arises, unless and until NewCuts and the applicant enter into a separate written agreement expressly establishing that relationship. Any such agreement shall govern the rights and obligations of actual participation of a Salon Partner and shall control over these Terms in the event of conflict.
8. Intellectual Property
NewCuts.com and its content, including NewCuts names, branding, Consultation Images, graphics, text, designs, and other content and materials, are owned by or used with permission by NewCuts and are protected by applicable intellectual-property laws to the extent those protections are available. Consultation Images may contain AI-generated elements that are not independently eligible for copyright protection.
The names NewCuts, NewCuts.com, and 1-800-NEWCUTS, together with their associated logos, graphics, and other source-identifying elements are trademarks or service marks of NewCuts or their respective owners. No right to use those marks is granted except as expressly stated in a separate written authorization.
Nothing in these Terms grants ownership or other rights in NewCuts intellectual property except the limited personal-use permission expressly described above.
9. Acceptable Use
You agree not to use the Website unlawfully, fraudulently, or in a way that harms the Website, NewCuts, or others. Without limiting Section 4, you may not: (a) introduce malicious software; (b) attempt to access systems or data without express authority; (c) alter, change, delete, or modify any Website content of whatever nature; (d) impair, impede, or affect Website availability or communications; (e) impersonate others or fabricate, falsify, or feign your identity; (f) transmit, distribute, or promote unlawful, infringing, illegal, deceptive, misleading, false, defamatory, obscene, violent, hateful or otherwise inappropriate content or material as we may deem in our sole discretion; (g) manipulate, fabricate, or improperly influence any traffic to the Website; (h) submit knowingly false, deceitful, or incomplete applications to us; or (i) use bots, agents, or automated means to circumvent any access controls, authentication methods, or security measures.
NewCuts has no obligation to monitor all Website activity but reserves the right, in its sole discretion, to investigate suspected misuse or violations of these Terms, whether discovered independently or reported by third parties. NewCuts may take any lawful action it deems appropriate, including restricting access, rejecting applications, pursuing available legal remedies, reporting suspected unlawful conduct to appropriate authorities, and cooperating with governmental or other lawful investigations.
10. Third-Party Services and Links
NewCuts may use, provide access to, or include links to third-party websites, technologies, or services. NewCuts does not exercise any control over and is not responsible for the availability, content, privacy practices, terms of use, or operation of any third-party websites, or any goods or services available through such websites. You are solely responsible for reviewing any terms of services, licenses, privacy policies, or any other user agreements (collectively, “user agreements”) posted or available on said sites, and your acceptance of them, where applicable.
Third parties such as independent salons, stylists, and other haircare professionals may have their own user agreements. Except as expressly stated by NewCuts or provided in a separate written agreement, references or links to third parties do not constitute any endorsement, sponsorship, guarantee, or affiliation, or an assumption of responsibility by NewCuts for their products, services, or conduct.
11. Website Availability; Suspension
NewCuts may modify, update, suspend, or discontinue portions or features of the Website or its services at any time.
NewCuts does not guarantee that the Website, downloadable images, telephone services or other features will always be available, accessible, or operate without interruption or error.
NewCuts may, in its sole discretion and under appropriate circumstances, block or restrict access to Website features if it reasonably believes that a user has violated Section 9 or any other provision of these Terms, presents a security risk or threat, or is engaging in unlawful activities or other misconduct.
12. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, CONSULTATION IMAGES, AND RELATED CONTENT AND FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NEWCUTS DOES NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE: (A) ACCURATE, COMPLETE, RELIABLE, OR CURRENT; (B) ERROR-FREE, UNINTERRUPTED, OR SECURE; OR (C) FREE OF DESTRUCTIVE OR MALICIOUS CODE OR CONTENT.
NEWCUTS ALSO DOES NOT WARRANT THAT ANY DEPICTED HAIRSTYLE OR HAIR COLOR CAN BE MATERIALLY REPRODUCED OR WILL ACHIEVE A PARTICULAR RESULT OR LOOK.
NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTY, RIGHT, OR REMEDY THAT CANNOT LAWFULLY BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability
To the extent permitted by applicable law, NewCuts, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES will not be liable for ANY indirect, incidental, special, or consequential damages arising from the use of, or inability to use, NewCuts.com, its Consultation Images, or related services, INCLUDING EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, REGARDLESS OF THE THEORY OF LIABILITY ASSERTED AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF NEWCUTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FOR CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE, ITS CONTENT, OR THESE TERMS WILL NOT EXCEED TWENTY-FIVE DOLLARS ($25.00) (“LIABILITY CAP”).
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANY OTHER LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
THIS LIABILITY CAP DOES NOT REPLACE ANY DIFFERENT APPLICABLE LIABILITY ALLOCATION EXPRESSLY SET FORTH IN A SEPARATELY EXECUTED SALON PARTNER AGREEMENT.
14. Indemnification
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless NewCuts and its officers, directors, employees, agents, and affiliates from third-party claims, losses, liabilities, damages, judgments, and reasonable attorneys’ fees arising out of: (a) your material breach of these Terms; (b) unauthorized commercial reproduction, transmission, or distribution of Website content; (c) infringement, violation, or misappropriation of third-party rights through your conduct involving the Website; or (d) materially false or misleading information knowingly submitted in a Salon Partner application.
15. Privacy
NewCuts collects, uses, and discloses information as described in its Privacy Policy, which explains NewCuts’ information practices. The Privacy Policy is a notice of information practices and is not incorporated into these Terms as an additional contractual agreement, except as required by law.
16. Governing Law; Jurisdiction
These Terms and any dispute arising out of or relating to them or the Website shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. To the fullest extent permitted by applicable law, any action or proceeding arising out of or relating to these Terms or the Website shall be brought solely and exclusively in the state courts located in Suffolk County, Massachusetts, or, where federal subject-matter jurisdiction exists, the United States District Court for the District of Massachusetts. Each party consents to the personal jurisdiction of such courts and waives any objection to venue in those courts to the extent permitted by law.
17. Changes to These Terms
NewCuts reserves the right, in its sole discretion, to modify, amend, supplement, or replace these Terms of Use, in whole or in part, at any time and for any reason, including but not limited to, changes to the Website, the services and features offered, business operations, or applicable law. Unless NewCuts specifies a later effective date, revised Terms shall become effective upon their posting on the Website. NewCuts may, but shall not be obligated to, provide additional notice of changes.
NewCuts encourages users to review these Terms periodically. To the fullest extent permitted by applicable law, your continued access to or use of the Website, downloading of Consultation Images, submission of a Salon Partner application or other information, or use of other Website features after the effective date of revised Terms, following legally sufficient notice of such revisions, shall constitute your acceptance of and agreement to be bound by the revised Terms. NewCuts may, in its discretion, require users to affirmatively accept revised Terms as a condition of downloading Consultation Images, submitting Salon Partner applications, or accessing other Website features.
If you do not agree to any revised Terms, you must discontinue using the Website and its applicable features immediately. NewCuts reserves the right to restrict or discontinue access to any Website feature by users who do not accept the Terms then in effect.
18. Miscellaneous
If any provision of these Terms, or any portion thereof, is held to be invalid, illegal, or unenforceable, the remaining provisions and portions shall remain in full force and effect to the maximum extent permitted by law. To the extent permitted by applicable law, any such invalid, illegal, or unenforceable provision may be modified or construed so as to give effect to the original intent of the parties as closely as possible while remaining valid and enforceable.
No failure or delay by NewCuts in exercising any right or remedy under these Terms, nor any partial exercise of such right or remedy or course of dealing between the parties, shall constitute a waiver of that or any other right or remedy. No waiver of any provision or breach of these Terms shall constitute a waiver of any other provision or any subsequent breach.
The headings and numbering of the sections of these Terms are included for convenience and reference only and shall not affect their meaning or interpretation.
These Terms constitute the entire agreement between you and NewCuts concerning your access to and use of the Website and supersede all prior or contemporaneous communications, representations, agreements, and understandings concerning that subject matter, whether oral, written, or electronic. Any separately executed Salon Partner agreement shall govern the parties' rights and obligations concerning participation in the Salon Partner Program and shall control in the event of any conflict with these Terms.
You may not assign your rights or obligations under these Terms without NewCuts’ prior express written consent. NewCuts may assign these Terms in connection with a merger, reorganization, or transfer or sale of substantially all of its assets, subject to applicable law.
Provisions that by their nature should survive termination, including but not limited to intellectual property restrictions, warranty disclaimers, liability limitations, indemnification, and dispute resolution provisions, survive to the fullest extent permitted by law.
19. Contact NewCuts
Questions about these Terms of Use or requests concerning use of NewCuts materials may be directed to: info@newcuts.com or at NewCuts, P.O. Box 77, Groton, MA 01450.