Terms and Conditions
This agreement is made between you and AppaNail (referred to as "the Company"). These terms and conditions, along with any documents explicitly referenced within them (collectively referred to as "this agreement"), govern your access to and use of the AppaNail websites, including all content, features, and services provided through the websites (referred to as the "Website").
Before using the Website, please read this agreement carefully. By accessing or using the Website, or by accepting this agreement when prompted, you agree to be bound by these terms and the Company’s Privacy Policy. If you do not agree to these terms or the Privacy Policy, you must not use the Website.
The Website is available only to users who are 18 years of age or older. By using the Website, you confirm that you are of legal age to enter into a binding agreement with the Company and meet all eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Changes to the Agreement
The Company may update or modify this agreement at any time at its sole discretion. Any changes will take effect immediately upon being posted on the Website and will apply to all access and use of the Website from that point forward. However, changes to dispute resolution provisions will not apply to disputes where the parties have already been notified before the changes are posted.
Your continued use of the Website after changes are posted means you accept and agree to the updated terms. You are encouraged to review this agreement regularly to stay informed of any changes, as they are binding on you.
Accessing the Website and Account Security
The Company reserves the right to modify, withdraw, or restrict access to the Website or any part of it, including services or materials, at any time without notice. The Company is not liable if the Website or any portion of it becomes unavailable for any reason.
You are responsible for:
Ensuring you have the necessary arrangements to access the Website.
Making sure anyone accessing the Website through your internet connection is aware of and complies with this agreement.
To access certain features or resources on the Website, you may need to provide registration details or other information. You agree that all information you provide will be accurate, current, and complete. Your use of the Website is subject to the Company’s Privacy Policy, and you consent to the Company’s handling of your information as outlined in the Privacy Policy.
If you are provided with a username, password, or other security information, you must keep this information confidential and not share it with others. You are responsible for all activities under your account and must notify the Company immediately of any unauthorized access or security breaches. Always log out of your account after each session, especially when using public or shared computers.
The Company may disable or terminate your access to the Website at any time, for any reason, including if you violate any part of this agreement.
Intellectual Property Rights
The Website and all its content, features, and functionality (including text, images, videos, audio, and design) are owned by the Company, its licensors, or other providers and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You are permitted to use the Website for personal, noncommercial purposes only. You may not reproduce, distribute, modify, publicly display, or create derivative works of any material on the Website, except as follows:
Your computer may temporarily store copies of materials for viewing purposes.
You may store files cached by your web browser for display enhancement.
You may print or download a reasonable number of pages for personal use, provided you do not further reproduce or distribute them.
If the Company provides downloadable applications, you may download one copy for personal, noncommercial use, subject to the Company’s end-user license agreement. If social media features are available, you may use them as enabled.
You must not:
Modify copies of any materials from the Website.
Use images, videos, or graphics separately from their accompanying text.
Remove or alter any copyright, trademark, or other proprietary notices.
Any unauthorized use of the Website or its content will result in the immediate termination of your rights to use the Website, and you must return or destroy any copies of materials you have made. All rights not expressly granted in this agreement are reserved by the Company.
Trademarks
The AppaNail name, logo, and related trademarks are owned by the Company or its affiliates. You may not use these marks without the Company’s written permission. All other trademarks on the Website belong to their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with this agreement. You must not:
Violate any applicable laws or regulations.
Exploit or harm minors in any way.
Transmit or use material that violates intellectual property rights or common decency.
Send unsolicited advertising or promotional material without the Company’s consent.
Impersonate the Company, its employees, or other users.
Engage in conduct that restricts or harms others’ use of the Website.
Additionally, you must not:
Disable, overburden, or damage the Website.
Use automated tools to access or monitor the Website without permission.
Introduce viruses or other harmful material.
Attempt to gain unauthorized access to the Website or its servers.
Interfere with the proper functioning of the Website.
Reliance on Information Posted
The information on the Website is provided for general informational purposes only. The Company does not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. The Company is not liable for any reliance placed on the Website’s content by you or others.
The Website may include content from third parties, such as users, bloggers, or other sources. These materials do not necessarily reflect the Company’s opinions, and the Company is not responsible for their accuracy or content.
Changes to the Website
The Company may update the Website’s content from time to time, but it is not obligated to do so. The content may be out of date at any given time, and the Company is not required to update it.
Information About You and Your Visits to the Website
All information collected on the Website is governed by the Company’s Privacy Policy. By using the Website, you consent to the Company’s handling of your information in accordance with the Privacy Policy.
Online Purchases and Other Terms
All purchases and transactions on the Website are governed by the Website’s Terms of Sale, which are incorporated into this agreement. Additional terms may apply to specific features or services on the Website.
Linking to the Website
You may link to the Website’s homepage in a fair and legal manner that does not damage the Company’s reputation or imply endorsement without the Company’s consent.
Links from the Website
The Website may contain links to third-party websites or resources. These links are provided for convenience only, and the Company is not responsible for their content or any loss or damage resulting from their use.
Electronic Communications
By providing your email address, you consent to receive electronic communications from the Company, including order updates, newsletters, and promotional offers. The Company is not responsible for the content or accuracy of third-party websites linked in these communications.
Geographic Restrictions
The Website is intended for use by individuals located in the United States. The Company makes no claims that the Website or its content is accessible or appropriate outside the U.S. Access from other locations is at your own risk and responsibility.
Health Disclaimers
Before using AppaNail, consult with a qualified healthcare provider. The Website’s health-related content is for informational purposes only and is not a substitute for professional medical advice or treatment. The Company is not responsible for any health risks or injuries resulting from activities discussed on the Website.
Disclaimer of Warranties
The Company does not guarantee that the Website or its content will be free of viruses or errors. Your use of the Website is at your own risk. The Website and its content are provided "as is" without warranties of any kind, either express or implied.
Limitation of Liability
The Company is not liable for any damages arising from your use of the Website or its content, including direct, indirect, incidental, or consequential damages. This limitation applies to all legal theories, including negligence and breach of contract.
Indemnification
You agree to defend and indemnify the Company and its affiliates from any claims or damages arising from your violation of this agreement or your use of the Website.
Governing Law and Jurisdiction
This agreement is governed by Michigan law. Any disputes will be resolved exclusively in the federal or state courts of Michigan, unless the Company chooses to bring an action in your country of residence.
Arbitration
The Company may require you to resolve disputes through binding arbitration under the rules of the American Arbitration Association, applying Michigan law.
Class Action Waiver
All claims must be brought individually, not as part of a class or representative action.
Limitation on Time to File Claims
Any claims arising from this agreement must be filed within one year of the cause of action.
Waiver and Severability
No waiver of any term in this agreement is valid unless in writing. If any provision is found invalid, the remaining provisions will remain in effect.
Anti-Spam Policy
The Company prohibits the use of unsolicited email to promote its products or Website. Recipients must consent to receive messages, and you may unsubscribe at any time.
Entire Agreement
This agreement, including all incorporated policies, constitutes the entire agreement between you and the Company regarding your use of the Website.