CLEAR NAILS PLUS TERMS AND CONDITIONS
The “ clearnailsplusnow.com Sites” shall mean all areas and services offered or available on the interactive online service operated by clearnailsplusnow.com and/or its affiliates on the World Wide Web. The clearnailsplusnow.com sites consist of information, services and content provided by clearnailsplusnow.com and/or its affiliates and/or third parties.
clearnailsplusnow.com shall have the right at any time to change or discontinue any aspect or feature of the clearnailsplusnow.com including, but not limited to, the content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions or deletions shall be effective immediately without further notice thereof. Amendments to the terms and conditions contained herein may be given by means including but not limited to, posting on the clearnailsplusnow.com Sites a revised version of this Agreement or notification by electronic mail. Any use of the clearnailsplusnow.com Sites after such notice shall conclusively be deemed to be acceptance of such changes, modifications, additions or deletions. The user agrees to review the terms and conditions of this Agreement periodically to be aware of such revisions.
3. Use of the clearnailsplusnow.com Sites.
A. The clearnailsplusnow.com Sites contain copyrighted material; trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the clearnailsplusnow.com Sites are copyrighted as a collective work under the United States copyright laws. clearnailsplusnow.com is the owner of the copyright in the entire clearnailsplusnow.com Sites. clearnailsplusnow.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the clearnailsplusnow.com Sites or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the clearnailsplusnow.com Sites without the express permission of clearnailsplusnow.com and, if applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of material from the clearnailsplusnow.com Sites, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading or copying copyrighted material.
B. You hereby grant to clearnailsplusnow.com and its respective affiliates worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any e- mail, video, graphic, data, or information sent by you to clearnailsplusnow.com (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or later developed.
C. You shall provide clearnailsplusnow.com with accurate, complete and updated information provided by you at the time of your purchase.
D. The clearnailsplusnow.com Sites contain links to other Web sites, resources and advertisers. clearnailsplusnow.com is not responsible for the availability of these external sites nor does it endorse or is it responsible for the contents, advertising, products or other materials made available on or through such external sites. Under no circumstances shall clearnailsplusnow.com be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. You should direct any concerns to such external site’s administrator or web master.
E. You agree not to take any action to interfere with the function or accessibility of the clearnailsplusnow.com Site or to take any action to restrict the access of others thereto.
F. The foregoing provisions of this Section 3 are for the benefit of clearnailsplusnow.com, its affiliates, third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly on its own behalf or jointly with others.
G. clearnailsplusnow.com has carefully designed the clearnailsplusnow.com Site with the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party shall have the right to utilize the content of the clearnailsplusnow.com Site in any way that interferes with that purpose. In particular, clearnailsplusnow.com prohibits any party from displaying the content on the clearnailsplusnow.com Sites in any format where third party advertising or other materials that clearnailsplusnow.com did not authorize in writing is viewed or viewable together with clearnailsplusnow.com’ proprietary content.
4. Disclaimer of Warranty; Limitation of Liability.
A. YOU EXPRESSLY AGREE THAT USE OF THE clearnailsplusnow.com SITE IS AT YOUR SOLE RISK. NEITHER clearnailsplusnow.com, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE clearnailsplusnow.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE clearnailsplusnow.com SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITES.
B. THE clearnailsplusnow.com SITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED, DIRECTLY OR INDIRECTLY, BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT clearnailsplusnow.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL clearnailsplusnow.com OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE clearnailsplusnow.com SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE clearnailsplusnow.com OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION 4 SHALL APPLY TO ALL CONTENT ON THE clearnailsplusnow.com SITE. clearnailsplusnow.com’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO clearnailsplusnow.com.
E. clearnailsplusnow.com NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE clearnailsplusnow.com SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE BY. UNDER NO CIRCUMSTANCES WILL clearnailsplusnow.com BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE clearnailsplusnow.com SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE clearnailsplusnow.com SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE OR OTHER CONTENT.
F. clearnailsplusnow.com DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE clearnailsplusnow.com SITES (WITH THE SOLE EXCEPTION BEING WRITTEN WARRANTIES PROVIDED IN CONNECTION WITH clearnailsplusnow.com PRODUCTS OR SERVICES) AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. clearnailsplusnow.com MAKES PRODUCTS OR SERVICES AVAILABLE ON THE clearnailsplusnow.com SITES WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
You agree to defend, indemnify and hold harmless clearnailsplusnow.com, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the clearnailsplusnow.com Sites, including claims by other users of your equipment, access or membership.
clearnailsplusnow.com shall have the right to immediately terminate this Agreement with respect to any user which clearnailsplusnow.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of Sections 3, 4, 5, 6, 7, and 8 shall survive termination of this Agreement.
All trademarks appearing on the clearnailsplusnow.com Sites are the property of their respective owners, including, in some instances, clearnailsplusnow.com, and/or affiliated companies.
8. Refund Policy
Any item purchased on clearnailsplusnow.com may be returned for any reason within 180 days from the date of purchase. There is no need to send the product back to us, simply contact us via e-mail, or phone, to initiate a refund request.
9. Shipping Policy
We offer free shipping to anywhere in the continental United States. All orders placed between the hours of 6 am and 3 pm Monday and Friday will be shipped out in 2-3 business days. Business days are Monday through Friday, excluding all US postal holidays. Handling is also included in your order. As soon as your order is shipped, you will be sent a confirmation email with your tracking numbers necessary to locate and track the status of your order in transit.
10. Newsletter Subscription:
By purchasing a product from this website, you understand that you are:
Subscribing to a free, no obligation email newsletter and will receive emails
If you do not wish to receive our newsletter, simply click on the unsubscribe link at the bottom of the newsletter. If you need further assistance, please contact us at [email protected]
This newsletter is offered as a free service. It is 100% free and no purchase is required.
You agree that you wish to be subscribed to this newsletter, and that you will make no threats, and take no additional action against Integrated Naturals or clearnailsplusnow.com in the event you are unhappy that you subscribed or are not able to remove yourself from this free mailing list.
If you subscribe and later decide that you don’t wish to be subscribed, you agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever
11. Spam Policy
Internet user privacy is of paramount importance to clearnailsplusnow.com and our customers. We support the protection of client and consumers’ privacy rights as a fundamental element of our business.
Spam is unsolicited email sent in bulk. Any promotion, information or solicitation that is sent to a person via e-mail without their prior consent, where there is no pre-existing relationship between the sender and the recipient, is spam.
To see more information on our spam policy, please access the following link: https://clearnailsplusnow.com/spampolicy/
This Agreement and any operating rules for the clearnailsplusnow.com Sites established by clearnailsplusnow.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any dispute arising under or relating to this Agreement or any clearnailsplusnow.com Site shall be brought in state or federal courts in Austin, Texas, and you hereby irrevocably consent to the jurisdiction of such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You also give full permission to clearnailsplusnow.com to charge other accounts provided on items purchased and not paid for. The section headings used herein are for convenience only and shall not be given any legal import.
Your privacy is very important to us. We want to make your experience on the Internet as enjoyable and rewarding as possible, and we want you to use the internet's vast array of information, tools, and opportunities with complete confidence.
Our company collects information in different ways from Visitors and Subscribers who access the various parts of our Services and the network of web sites accessible through our Service.
Subscribers may be asked to provide certain personal information when they sign up for our Products or Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. The personal information collected from Subscribers during the registration process is used to manage each Subscriber's account (such as for billing purposes). This information may be shared with third parties, as stated herein, or in special circumstances.
In this instance, personal information may not be used by the partner for any other purpose. We may also generate non-identifying and aggregate profiles from personal information Subscribers provide during registration (such as the total number, but not the names, of Subscribers). As explained in more detail below, we may use this aggregated and non-identifying information to sell advertisements that appear on the Services. At times we may send an advertisement for a third party product, where we collect the sales proceeds.
Our Company Partners and Sponsors
Some products and services may be offered to Visitors and Subscribers in conjunction with an affiliate, independent contractor seller or non-affiliated partner. To provide Visitors and Members some of these products and services, the partner may need to collect and maintain personal information.
At some web sites, you can purchase products and services or register to receive materials, such as a newsletter, catalog or new product and service updates. In many cases, you may be asked to provide contact information, such as your name, address, email address, phone number, and credit/debit card information.
If you complete an order for someone else, such as an online gift order sent directly to a recipient, you may be asked to provide information about the recipient, such as the recipient's name, address, and phone number.
If you order services or products directly from our company, we use the personal information you provide to process that order. We do not share this information with outside parties that we do business with.
In some instances, we use this information to deliver tailored advertisements or joint ventures. For instance, an advertiser or joint venture company tells us the audience they want to reach and provides us an advertisement tailored to the audience. Based upon the information we have collected, we may then display or send the advertisement to the intended audience. Our company does share personal information about its Visitors or Subscribers with these advertisers or joint venture companies.
Responses to Email Inquiries
When Visitors or Subscribers send email inquiries to our company, the return email address is used to answer the email inquiry we receive.
Voluntary Customer Surveys
We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you.
We may take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other customers we may have, to create broader, generic response to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties.
It is our company's policy to use or share the personal information about Visitors or Subscribers in ways described herein without additional notice or means to opt out or otherwise prohibit such unrelated uses.
Browser Level Information
ClearNailsPlus.com's web servers may automatically collect information about a site user's IP address, browser type and the URL that you just came from (whether this URL is on the website or not) and which URL you next go to (whether this URL is on the website or not) by reading this information from the user's browser (information provided by every user's browser). This information is collected in a database and used – in an aggregated, anonymous manner – in our internal analysis of traffic patterns within our website. This information is automatically logged by most websites. ClearNailsPlus.com may also use a third party to collect information, including through the use of web beacons.
Notice of Compliance to California Residents: Your California Privacy Rights Under the California Online Privacy Protection Act and the California Business and Professions Code
Our company does not maintain a process for an individual consumer who uses or visits our commercial web site or online service to review and request changes to any of his or her personally identifiable information that is collected through our web site or online service.
For the purposes of this policy and California compliance the following definitions apply:
Depending on the visitor's activity, in our commercial web site or online service, the following "personally identifiable information" may be collected, in addition to information set forth in other sections of this document.
The term "personally identifiable information" means individually identifiable information about an individual consumer collected online by our company from an individual and maintained by our company in an accessible form, and may include any of the following:
1. A first and last name.
2. A home or other physical address, including street name and name of a city or town.
3. An e-mail address.
4. A telephone number.
5. A social security number.
6. Any other identifier that permits the physical or online contacting of a specific individual.
Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to [email protected] and please include the phrase "California Privacy Request" in the subject line, the domain name of the web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.
"Cookies" and How Our Company Uses Them
Most website browsers automatically accept cookies, but you can usually change your browser settings to display a warning before accepting a cookie, or to refuse all cookies. However, if you choose to disable the receipt of cookies from our website, you may not be able to use certain features of the site. Visit www.aboutcookies.org to learn about how to delete and control cookies using the mail browser types.
Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
Our company may use Remarketing with Google Analytics, Adroll, and Facebook to advertise online.
Third-party vendors, including Google, may show our ads on sites across the Internet.
We, along with and third-party vendors, including Google, use first- party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on someone's past visits to our website.
We may also use data from Google's Interest-based advertising or 3rd-party audience data (such as age, gender and interests) with Google Analytics, to create educational and marketing content geared toward the demographics and interests of our visitors.
You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using Google's Ads Settings at https://www.google.com/settings/ads. You can also use Google's Google Analytics opt-out browser add-on at https://tools.google.com/dlpage/gaoptout/
Our Company Commitment to Children's Privacy
Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. Therefore we restrict our web site to persons eighteen years or older.
YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE FALLS WITHIN THE CHILDREN'S ONLINE PRIVACY PROTECTION ACT AND IS NOT MONITORED AS DOING SO.
Our Company's Commitment to Data Security
Services and websites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" form illegally obtaining this information.
In the Event of Sale or Bankruptcy
The ownership of ClearNailsPlus.com may change at some point in the future. Should that occur, we want this site to be able to maintain a relationship with you. In the event of a sale, merger, public offering, bankruptcy, or other change in control of ClearNailsPlus.com, your information may be shared with the person or business that owns or controls this site. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding fthe use of your information.
Personal data will be processed according to the law, in a correct and transparent way. We will collect your data for legitimate purposes. This data is also processed under high security levels. Your data will be retained only until you request removal by contacting our team at [email protected]
You have the right to have access to your data, to be informed, to correct, delete, restrict the use of it.
Through our systems and our third parties, we might identify data like: e-Mail Address, Name, Social Media Posts, Location, IP Address, Cookies, MetaData, Logs or Back-ups.Z
2. Manage Data
Through our systems and our third parties, we might manage and classify it in a secure and controlled way. Data can be managed as: inactive, in process, in transit, in inventory, by recovering it, byretaining it or removing it. Data can be classified based on: type, sensibility, holder, caretaker, administrators or user.
3. Protecting Data
We protect your data through security check-ups in order to prevent, detect and respond to any possible vulnerability or attack. We prevent attacks through: a physical protection of the database, network security, inventory security, processing security, identity management, access control, encryption and risk mitigation. We monitor and detect the intrusion into the system through by identifying successful attacks, by calculating the impact, by having a disaster recovery plan and by notifying the authorities and the clients.
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.
4. Reporting Data
We will use our reporting capabilities in order to document and manage our customer requests.
What information do we collect?
We collect information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone numbe. You may, however, visit our site anonymously. What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To personalize your experience (your information helps us to better respond to your individual needs)
To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)
To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
To administer a contest, promotion, survey or other site feature
To send periodic emails. The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Revisions to This Policy
Last updated: March 11, 2018
DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
a. Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by e-mail to [email protected]. Clear Nails Plus will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Clear Nails Plus or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York, New York to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “i” below. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
b. Commencing Arbitration
You and Clear Nails Plus agree to commence any arbitration proceeding within 1 year after the claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
c. Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in New York, New York unless Clear Nails Plus otherwise agrees to arbitrate in another forum requested by you.
d. Organization, Rules, and the Arbitrator
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules. We will reimburse the fees charged by the arbitrator for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
f. Governing Law and Award
The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
This provision survives termination of your account or relationship with Clear Nails Plus, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except all claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Clear Nails Plus and shall not be modified except in writing by Clear Nails Plus.
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Clear Nails Plus both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Clear Nails Plus will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in New York, New York: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by Clear Nails Plus for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “i” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “i,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, and forever waive any challenge to said courts’ jurisdiction and venue.
Clear Nails Plus reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any product or services on or through the Website, or use or attempted use of an Clear Nails Plus product or service, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Clear Nails Plus will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any products or services on or through the Website, or use or attempted use of an Clear Nails Plus product or service, is affirmation of your consent to such material changes.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO US AT [email protected]. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.