Terms of service

Overview
Welcome to nail!
The following terms and conditions, along with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover aspects such as warranty disclaimers and limitations of liability.
By accessing, interacting with, or using our Service, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Service.

Part One - Access and Account
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you warrant that you consent to us allowing any of your minor dependents to use the Service on a device owned, purchased, or managed by you.
To use the Service, including browsing or shopping our online store, or purchasing any products or services offered by us, you may be required to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

Part 2 - Our Products
We have made every effort to display our products and services accurately in our online store. However, please be aware that due to the type of device you use to access the store, as well as device settings and configurations, the color or appearance of products may differ from what is displayed on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to that described or presented in our online store. We
reserve the right to modify all product descriptions at any time without notice, and we reserve the right to discontinue any product at any time. We may also limit the quantity of any product offered to any individual, geographic area, or jurisdiction at our sole discretion.

Part 3 - Orders
Your order places an offer to purchase. Nail reserves the right to accept or decline your order at its sole discretion for any reason. Your order is not accepted until Nail confirms acceptance. We must receive and process your payment before accepting your order. Please review your order carefully before submission, as Nail may be unable to process cancellation requests after an order is accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of order placement.
Returns and exchanges for purchased items must follow our Refund Policy [link].
You represent and warrant that your purchase is for your personal or household use only and not for commercial resale or export.

Part IV - Pricing and Billing
Prices, discounts, and promotions are subject to change without notice. Charges for products or services will be the prices in effect at the time the order is placed and will be listed in your order confirmation email. Published prices do not include taxes, shipping fees, handling charges, duties, or import fees unless explicitly stated otherwise.
Prices displayed in our online store may differ from those offered in physical stores, other online stores, or stores operated by third parties. We may periodically offer promotional services, which may affect pricing and are subject to terms and conditions distinct from these Terms. In case of conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, to enable us to complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the credit card for purchases; (iii) charges incurred by you will be honored by your credit card company; (iv) you will pay the charges incurred by you at the published price, including shipping, handling, and all applicable taxes (if any).

Part 5 - Shipping and Delivery
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we deliver the product to the carrier, ownership and risk of loss transfer to you.

Part 6 - Intellectual Property
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by nail, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any materials on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of nail, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. nail reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of nail are trademarks of nail or its affiliates or licensors. You may not use such trademarks without nail's prior written permission. The names, logos, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

Section 7 - Optional Tools
As part of the Services, you may be granted access to customer tools provided by third parties, which we neither monitor nor control, nor do we participate in any of their operations.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranty, representation, or condition of any kind, and we assume no liability whatsoever in connection with your use of optional third-party tools. You
use optional tools offered through the website entirely at your own risk and should ensure you are familiar with and agree to the terms under which the relevant third-party provider offers the tools.
We may also introduce new features (including the release of new tools and resources) through the Service in the future. Such new features shall also be deemed part of the Service and shall be subject to these Terms of Service.

Section 8 - Third-Party Links
The Service may contain material and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Service to access such materials or websites, you do so at your own risk.
We are not liable for any harm or damages of any kind incurred as a result of your access to any third-party websites, or your purchase or use of any products, services, resources, or content on or through any third-party websites. Please review the third party's policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or issues regarding third-party products or services should be directed to the third party.

Section 9 - Relationship with Shopify
[Merchant Note: This section accurately describes the relationship between Shopify and your store. Do not delete or modify it.]
nail is powered by Shopify, which enables us to provide you with the Service. However, any sales and purchases you make in our store are conducted directly through nail. By using the Service, you acknowledge and agree that Shopify is not liable for any sales between you and nail, including any injury, damage, or loss arising from the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with nail.

 

Part 10 - Privacy Policy
All personal information collected through the Service is governed by our Privacy Policy, which you can view here [LINK]. Certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Service, you acknowledge that you have read these privacy policies.
Because the Service is hosted by Shopify, Shopify collects and processes personal information about your access and use of the Service to provide and improve the Service. Information you submit to the Service will be transferred to and shared with Shopify and third parties who may be located in countries other than your country of residence to provide the Service to you. See our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.

Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you possess all necessary rights to all Feedback; (ii) you have disclosed any compensation or rewards received for submitting Feedback; and (iii) your Feedback will comply with these Terms. We currently have no obligation, and shall have no obligation in the future, to (1) maintain the confidentiality of your Feedback; (2) pay you for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove any content we determine in our sole discretion to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
You agree that your feedback will not infringe any third party's rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further agree that your feedback will not contain defamatory or otherwise illegal, abusive, or obscene content, nor include any computer viruses or other malware that could in any way affect the operation of the Service or any related websites. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for any feedback you provide and its accuracy. We assume no responsibility for any feedback posted by you or any third party.

Article 12 - Errors, Inaccuracies, and Omissions
Information on the Service may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping costs, shipping times, and inventory. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders for any inaccurate information at any time without notice (including after you have submitted an order).

Article 13 - Prohibited Uses
You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly: (a) for any illegal or malicious purpose; (b) in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) in a manner that infringes or violates our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to disseminate false or misleading information; (f) to send, intentionally receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) Transmitting or facilitating the sending of any advertising or promotional materials, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitations; (h) Impersonating or attempting to impersonate any other person or entity; or (i) Engaging in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that we deem may harm nail, Shopify, or users of the Services or subject them to liability.
Furthermore, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may in any way affect the functionality or operation of the Service; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service; (c) collect or track the personal information of others; (d) spam, phishing, spoofing, spiders, scraping, or crawling; or (e) interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without notice.

Section 14 - Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time, at our sole discretion, without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following provisions shall survive termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

Article 15 - Disclaimer
The information contained in or provided through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly at your own risk. We shall not be liable for any damages arising from your reliance on the materials, or the reliance of any other visitor to the Service, or any person who has been informed of the contents of such materials.
Unless expressly stated by nail, the Service and all products provided through the Service are provided to you on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free. Certain jurisdictions restrict or do not permit disclaimers, including but not limited to implied or other warranties, so the above disclaimers may not apply to you.

Article 16 - Limitation of Liability
To the maximum extent permitted by law, in no event shall nail, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, or Shopify and its affiliates' partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, cost of replacement, or any similar damages, whether based in contract, tort (including negligence), strict liability arising from your use of any Service or any product procured through the Service, or any other claim related to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage arising from the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such loss.

 

 

Article 17 - Indemnification
You agree to indemnify, defend, and hold harmless nail, Shopify, and its affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all losses, damages, liabilities, or claims (including reasonable attorneys' fees) arising out of or resulting from: (1) your breach of these Terms of Service or any documents incorporated herein by reference; (2) Your violation of any law or third-party rights; or (3) Your access to and use of the Service.
We will notify you of any indemnifiable claim, but failure to provide timely notice shall not relieve you of your obligation unless we suffer material prejudice. We may control the defense and settlement of such claims at your expense, including selection of counsel, but we will not settle any claim requiring you to assume non-monetary obligations without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including providing relevant documentation.

Article 18 - Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

Article 19 - Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of these Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

Article 20 - Assignment
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.

Article 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal, state, or local courts where Nail's headquarters are located. You and Nail agree to submit to the personal and venue jurisdiction of such courts.

Article 22 - Headings
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these terms.

Article 23 - Changes to Terms of Service
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms under applicable law, and such changes will be effective on the date specified in the notice. Your continued use or access to the Service after any changes to these Terms are posted constitutes your acceptance of those changes.

Section 24 - Contact Information
Questions regarding the Terms of Service should be directed to Support@lovetailornail.com