WELCOME! Please read these terms and conditions carefully before continuing to use any portion of this website. This material is for informational use only. The information is provided in summary form and is general in nature. In some instances, the information provided in this area may represent opinion or judgment.

The information provided is not intended to be relied on for medical diagnosis or treatment, that is between you and your physician. The information provided is not to be used by individuals as a substitute for medical treatment by a health care provider nor is it intended to establish a physician-patient relationship between any author and recipient of this information. If you have (or think you have), a medical condition, please contact your primary health provider immediately.

By using this or any website owned or controlled by Lexington International LLC (the “website(s)”), or submitting any information or purchasing any products from Lexington International LLC, (“Lexington International LLC,” “we,” or “our”), you indicate your acceptance of, and agree to be bound by, the terms and conditions set forth below (this “agreement”). If you do not agree to the terms and conditions set forth below, you must exit this website immediately.

TERMS AND CONDITIONS
1. Acceptance.

· This Agreement constitutes your agreement with us with respect to your use of this Website. You must agree to abide by all of the terms and conditions in this Agreement to continue viewing this Website, or before making any purchase through this Website.

· We reserve the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that we may have made to this Agreement. Your continued use of this Website, or your purchase of any products through this Website, after any changes are made to this Agreement shall be deemed your acceptance of the changes.

· This Agreement provides specific terms to which you are to be bound through your use of this Website, as well as through your purchase of any products through this Website. The terms contained in this Agreement are in addition to, and supplement, the terms of any additional customer agreement that may be included with any product(s) that you purchase through this Website. To the extent that the terms of this Agreement differ from the terms of any other agreement provided to you by Lexington International LLC, the terms of such other agreement shall control.

2. Copyright; Trademark.

· This Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on this Website are protected by copyright and are owned or controlled by Lexington International LLC or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of this Website. Copying or storing any part of this Website is expressly prohibited without prior written permission from Lexington International LLC or the copyright holder as identified on this Websites.

· Lexington International LLC owns many trademarks, including but not limited to its trade name, its corporate logos, and any combination thereof (the "Trademarks"). You agree not to delete any trademark or similar notice from any content or product that you obtain from this Website. Any questions concerning the use of Trademarks should be referred to Lexington International LLC in accordance with Section 16 of this Agreement.

3. Changes to this Websites; Usage. Lexington International LLC may change, suspend or discontinue any aspect of this Websites at any time. Lexington International LLC may also impose limits on certain features and services or restrict access to parts of or all of this Websites without notice or liability.

4. Representations and Warranties. The articles, testimonials, and information displayed on this Website, as well as the product(s) that can be purchased through this Website, are intended for mature, adult-age patrons. Therefore, you represent, warrant and covenant that:

· You are at least eighteen years old; and

· You will not upload, post, transmit, distribute or otherwise publish through this Websites any materials which (i) restrict or inhibit any other user from using and enjoying this Website; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; (iv) violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; (v) contain a virus or other harmful or potentially harmful component; (vi) contain any unsolicited or unauthorized advertising, promotional materials, spam, or any other kind of solicitation; and/or (vii) constitute or contain false or misleading indications of origin or statements of fact.

5. Links.

· This Websites contain hyperlinks to other World Wide Web sites, including but not limited to certain news and informational sites ("Other Site(s)"). If you use the hyperlinks to access these Other Sites, you will leave this Website and your browser will be re-directed to the Other Sites. Lexington International LLC does not guarantee any Other Site's accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by Lexington International LLC of any third party sites or resources, or their content. Lexington International LLC is only providing these links to you as a convenience.

· Any Other Site that links to this Website (i) shall not create a browser or border environment around any of the content of this Website; (ii) may link to, but not replicate, Lexington International LLC content; (iii) shall not imply that Lexington International LLC is endorsing or sponsoring it or its products; (iv) shall not present false information about Lexington International LLC or its products or services; (v) shall not use the Trademarks without the prior written permission from Lexington International LLC; and (vi) shall not contain content that could be construed as distasteful, offensive or controversial.

· Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny permission to link to this Website for any reason in our sole and absolute discretion.

6. Payment Policy.

· Registration with this Website is required for the purchase of products through this Website. Upon registering with this Website, we will collect certain information about you, including your credit card information. We will use this information to create an account for you. By purchasing products through this Website, you authorize Lexington International LLC or its designated representative to charge your credit card for the product(s) purchased by you, and you agree to pay all charges to your account, including applicable taxes and shipping and handling costs, all of which will be presented to you at the time of purchase.

· We reserve the right to terminate your account for any valid reason at any time including, but not limited to, your failure to provide accurate information and/or your failure to pay any applicable fees.

7. Notice Specific to Documents and Information Available on the Lexington International LLC Website.

· From time-to-time, we may offer you the opportunity to view certain documents on this Website that relate to, or describe, our products or the services provided by us. You may reproduce these documents and the information contained therein provided:

(i) Any copyright notice contained in the document appears in all copies of such document;

(ii) Use of such document is for informational, non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media; and,

(iii) The document is not modified or altered in any manner.

· Notwithstanding the foregoing, elements of this Website, including but not limited to the "look and feel" of this Website, are protected by laws relating to trade dress, trademark, and copyright, and may not be copied or imitated in whole or in part. Except as expressly stated in this Agreement, no logo, graphic, sound or image from this Website may be copied or retransmitted unless expressly permitted by Lexington International LLC.

· The information contained in any document on this Website, or any sub-page of this Website, is not intended to be medical advice, and is not a substitute for competent, medical advice. Visitors to this Website should neither engage in self-diagnosis nor should they act on information contained in the Website without seeking specific advice on the particular matters that are of concern to them from qualified health professionals and advisors. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a health matter.

8. Notice and Procedure for Making Claims of Copyright Infringement Pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act.

· Lexington International LLC respects the rights of all copyright holders and in this regard Lexington International LLC has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Lexington International LLC'S copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv) Information reasonably sufficient to permit us to contact the complaining party;

(v) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

· Lexington International LLC copyright agent for notice of claims of copyright infringement on or regarding this Website can be reached as follows:
Lexington International LLC
2901 Clint Moore RD #260
Boca Raton FL 33496 USA
T 561 417 0200 F 561 892 0747
T&C@hairmax.com

9. Site Content and Information; Features.

· This Website contains information, advice, text, materials, and products for sale (collectively, the "Materials") that are provided for your convenience and enjoyment. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies, despite our efforts to keep the Materials updated and accurate. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and will not be liable for any lack of the foregoing.

· Descriptions of, or references to, products or publications of third parties within this Website do not imply endorsement of those products or publications.

· We do not represent or warrant that every action you take with regard to your account and related activities on this Website will be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using this Website.

10. Your Content.

· From time to time, Lexington International LLC may permit you to upload information, advice, messages and other materials to this Website ("Your Content"). Your Content is your sole responsibility. This means that you, and not Lexington International LLC, are entirely responsible for all of Your Content that you upload, post, e-mail, transmit or otherwise make available via this Website. Under no circumstances will we be liable in any way for any of Your Content including, but not limited to, any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any of Your Content made available via this Website.

· You hereby grant us a world-wide, royalty-free, non-exclusive, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content and to incorporate Your Content in other works in any form, media, or technology now known or later developed.

· You acknowledge that we do not necessarily pre-screen Your Content, and that we have the right, but not the obligation, in our sole discretion to modify, transmit over various networks, refuse or move any of Your Content that is available on this Website. You agree that you must evaluate, and bear all risks associated with, the use of any of Your Content including, but not limited to, any reliance on the accuracy, completeness, or usefulness of Your Content.

11. WARRANTY.

· THIS WEBSITE, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THIS WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LEXINGTON INTERNATIONAL LLC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:

(i) THE CONTENT ON AND PROVIDED THROUGH THIS WEBSITE;

(ii) ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE.

· except for those warranties expressly stated in this agreement or those warranties expressly stated in any materials that accompany any product purchased through This Website, LEXINGTON INTERNATIONAL LLC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES FOR THE CONTENT ON THIS WEBSITE OR ANY PRODUCTS PURCHASED THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. LEXINGTON INTERNATIONAL LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LEXINGTON INTERNATIONAL LLC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.

· LEXINGTON INTERNATIONAL LLC DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THIS WEBSITES ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THIS WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS WEBSITE.

12. Limitation of Liability; Indemnity.

· UNDER NO CIRCUMSTANCES SHALL LEXINGTON INTERNATIONAL LLC BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, THIS WEBSITE, EVEN IF LEXINGTON INTERNATIONAL LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL LEXINGTON INTERNATIONAL LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

· You agree to indemnify Lexington International LLC, its officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually and collectively referred to as "Indemnitees") and Lexington International LLC agrees to control any litigation, negotiations, discussions, settlements, or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, for losses and/or damages of any kind which may be brought against Lexington International LLC and/or Indemnities, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from your use of this Website.

13. Governing Law. This Agreement 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 Agreement or any transaction performed by or under this Agreement.

14. Jurisdiction and Venue. The parties 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 conveniens.

15. Notices. Whenever, under the provisions of this Agreement, you are required or permitted to give notice to Lexington International LLC, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to Lexington International LLC at the following address:

Lexington International, LLC
2901 Clint Moore Road, # 260
Boca Raton Florida 33496 United States
Phone:561.417.0200
Fax: 561.892.0747
Email: T&C@hairmax.com

· Whenever, under the provisions of this Agreement, Lexington International LLC is required or permitted to give notice to you, Lexington International LLC may send an e-mail to the address provided by you when you registered with this Website, and you agree that this method of service is reasonable.

16. Anti-Spam; Non-Commercial Use by Visitors / Customers. Lexington International LLC prohibits any form of unsolicited bulk emailing (commonly referred to as “spamming”). Such behavior could include the sending of scripted text and/or website addresses disguised as commentary or “chat” into any Lexington International LLC chat room. Illegal and/or unauthorized use of this Website, including the unsolicited promotion of, or linking to, this Website, will be investigated immediately. We reserve the right to take any and all appropriate legal action, including civil, criminal and injunctive redress, to remedy any infringement of this anti-spam policy.

17. Miscellaneous. This Agreement contains the sole and entire agreement between Lexington International LLC and you with respect to the use of this Website, as well as your purchase of any products through this Website. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.

All pages ⓒ Lexington International LLC. 2002. All rights reserved