I agree to all the terms and conditions listed on the NailsPolished website(s) and mobile app(s).
NAILSPOLISHED ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES / DISEASE WHICH MAY BE CAUSED FROM A SERVICE BOOKED THROUGH NAILSPOLISHED. I ALSO UNDERSTAND THAT I HAVE MADE THE BOOKING ON MY OWN AND TAKE FULL RESPONSIBILITY FOR ANY DAMAGES, VIRUSES, DISEASE, INJURY, SICKNESS, OR ANY HEALTH RELATED PHYSICAL OR MENTAL WHICH ARE FROM RESULT OF USING NAILSPOLISHED OR A SALON IN THE NAILSPOLISHED NETWORK. I UNDERSTAND THAT SERVICES PERFORMED ARE LEGALLY BETWEEN MYSELF AND THE SALON CHOSEN FOR SERVICES. I AGREE NAILSPOLISHED MAY NEVER BE LEGALLY RESPONSIBLE FOR ANYTHING PROVIDED BY THE SALON (INCLUDING SERVICES). RETURNS OR COMPLAINTS WILL BE HANDLED BY THE SALON(S). NAILSPOLISHED IS NOT RESPONSIBLE FOR THE SALON'S
In this Agreement, "NailsPolished" and "we" mean NailsPolished, Inc., and "User" and "you" mean any user of the Services. This Agreement incorporates NailsPolished standard policies, procedures, and terms and conditions for use of the Services that are referenced by name or by links in this Agreement (collectively, the "NailsPolished Policies").
By accessing or using the Services or clicking "accept" or "agree" to this Agreement, (1) you acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) you represent and warrant that you are of legal age and not prohibited by law from accessing or using the Services (including, if applicable, purchasing, giving, using, or redeeming any NailsPolished Gift Card (as defined on site(s) and Mobile App (S)). THIS AGREEMENT
NailsPolished may update or revise this Agreement (including any NailsPolished Polices) from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Services. You may have to click "accept" or "agree" to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Services, in which case you will no longer have access to your Account (as defined below). Except as otherwise expressly stated by NailsPolished, any use of the Services (e.g., the use of the Reservation Services or the Payment Services or the purchase of an NailsPolished Gift Card) is subject to the version of this Agreement in effect at the time of use.
1.Salon Reservations. NailsPolished provides the Reservation Services to User for the purpose of assisting User in securing salon reservations at participating third-party salons (each, a "Salon"). In response to a User's online request for a Salon reservation through the NailsPolished Site or NailsPolished Application, NailsPolished directly contacts the salons computerized database of reservations. The availability of reservations is determined at the time of User's query. Once a reservation is made by User through the NailsPolished Site or NailsPolished Application, NailsPolished will provide confirmation of the reservation to User by email. By using the Reservation Services, User agrees to receive reservation confirmations by email or text after booking a reservation through the Reservation Services.
Certain Limitations. You acknowledge and agree that NailsPolished provides the Payment Services only as a convenience and is not a party to your payment transactions performed using the Payment Services. NailsPolished is an independent contractor for all purposes and is not your agent or trustee. NailsPolished is not responsible, and has no liability for, the products or services that are paid for with the Payment Services. NailsPolished is not responsible for any overcharges or other payment disputes with Salons. Users must resolve payment and other disputes directly with Salons.
NailsPolished is not liable for any payments that the Payment Services do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided us with correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction. To the extent that any amounts owed cannot be collected from your debit or credit card account through the Payment Services, you are solely responsible for paying the applicable Salons(s) by other means.
Salons and Merchants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs ("Claims") suffered by you (or, if applicable, any recipient of an NailsPolished Gift Card or a Merchant Gift Card) as a result of your (or such recipient's) interaction with or visit to any Salon or Merchant or from any product or service of any Salon or Merchant. You hereby release the NailsPolished, Inc Parties from any and all such Claims. IN CONNECTION WITH THE FOREGOING, IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the NailsPolished Parties pertaining to the subject matter of this Section.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and the NailsPolished Parties or their successors or assigns shall exclusively be settled through binding and confidential arbitration.
Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively, the "Rules and Procedures").
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that you file in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and NailsPolished must abide by the following rules: (1) ANY CLAIMS BROUGHT BY YOU OR NAILSPOLISHED MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING;
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF;
in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, NailsPolished will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation,
NailsPolished also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration;
the arbitrator shall honor claims of privilege and privacy recognized at law;
the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award;
the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and
each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and, in such instance, the fees and costs awarded shall be determined by the applicable law.
Notwithstanding the foregoing, either you or NailsPolished may bring an individual action in small claims court. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Dallas, Texas. Additionally, notwithstanding this
agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Dallas, Texas in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Dallas County, Texas for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
With the exception of subparts (1) and (2) in this Section (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting part was not contained herein. If, however, either subpart (1) or (2) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor NailsPolished shall be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court located in Dallas, Texas.
For more information on AAA, the Rules and Procedures, or the process for filing an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
42. Choice of Law. This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Texas, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.