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TERMS & CONDITIONS

These are the terms and conditions ("Terms of Use") for your use of services or features for nailtiques.com. You may be accessing our website from a computer or mobile phone device (through mobile website or mobile application) and these Terms of Use govern your use of our website and your conduct, regardless of the means of access.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.

BY USING OUR WEBSITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW), OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

All designs, text, graphics, logos, button icons, images, the selection and arrangement thereof, and all proprietary software is copyright ©1990 Nailtiques Cosmetic Corp./NAILTIQUES® ALL RIGHTS RESERVED. The compilation of all content is the exclusive property of NAILTIQUES and protected by US and international copyright laws.

If a dispute should arise, contact NAILTIQUES. If your dispute cannot be resolved by our team, these Terms of Use describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND NAILTIQUES AGREE THAT ANY CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

Legal Disputes; Class Action Waiver; Jury Trial Waiver

IF YOU ARE A US RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). 

CHOICE OF LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. If you are a US resident, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Miami, Florida This provision does not apply to residents of New Jersey.

For residents of Canada, this Agreement will be interpreted in accordance with the applicable laws of the province or territory in which you reside and the applicable laws of Canada.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NAILTIQUES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON NAILTIQUES LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE AN ELIGIBLE MINOR 16 YEARS OLD OR OLDER, YOUR PARENT OR LEGAL GUARDIAN AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM NAILTIQUES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK. THIS PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS.