Terms of Service

Welcome to Nailored.com (the “Site”), owned and operated by Nailored LLC, a New York limited liability company with its principal place of business located in Dutchess County, New York (“Nailored,” “we,” “us,” or “our”). These Website Terms of Use (this “Agreement”) govern your access to and use of the Site and its content, features, and functionality.

By accessing, browsing, or using the Site, you represent that you are at least 18 years of age (or the age of majority in your jurisdiction, if greater), that you have the legal capacity to enter into a binding contract, and that you agree to be bound by this Agreement. If you do not agree, you are not authorized to use the Site.

BY CLICKING “I AGREE” (WHERE PRESENTED) OR BY ACCESSING, BROWSING, OR USING ANY PART OF THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE.

Important — Purchases and Related Terms
This Agreement governs your use of the Site only. Your purchase of products is governed by our separate Terms and Conditions for Online Sales (and product-specific policies, including our Shipping Policy, Return and Refund Policy, and Sizing & Custom Kit Disclaimer). If you register for an account, our Account Terms of Service also apply. Our Privacy Policy describes how we handle personal information. Each is incorporated into this Agreement by reference. Where the Terms and Conditions for Online Sales address a purchase transaction, they control over this Agreement for that transaction. Nothing in this Agreement is a product warranty.

1. Changes to This Agreement
We may modify this Agreement at any time by posting the modified version to the Site, effective immediately upon posting unless a later date is stated. The current version is always available at here. Your continued use of the Site after a modification is posted constitutes acceptance of the modified Agreement.

2. Accounts
Some features of the Site require you to register for an account. Your use of an account is governed by our Account Terms of Service, which are incorporated by reference. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account, and you agree to provide accurate, current, and complete information.

3. Privacy and Incorporated Policies
Your use of the Site is also governed by our Privacy Policy, which is incorporated by reference, and by any other policies, guidelines, or rules we post that apply to the Site or any of its features. Please review our Privacy Policy to understand how we collect, use, and share information.

4. Site Content; Pricing and Description Errors
The Site is provided on an “as is” and “as available” basis. While we strive to describe our products accurately, we do not warrant that product descriptions, images, colors, pricing, availability, or other content are accurate, complete, current, or error-free. Screen and device settings may cause colors to display differently from the actual product. We reserve the right to correct errors, change or update content, and cancel or refuse any order placed based on incorrect pricing or a description error, at any time without prior notice, and to modify, suspend, or discontinue the Site or any feature at any time.

5. Beauty Products; Allergies and Safe Use
Nailored sells cosmetic and personal-care products, which may include press-on nails and adhesives. The use and selection of these products requires care to be certain that all directions and warnings are observed, and some people may have allergic or other reactions to such products. Nailored is not the manufacturer of the products it sells. You are advised to read and strictly follow the product label, all packaging inserts and instructions, and all manufacturer directions and warnings, to consider a patch test if you have sensitive skin or a history of reactions, and to stop use and seek medical advice if you experience irritation, an allergic reaction, or any other adverse effect. Additional product-safety information appears in our Sizing & Custom Kit Disclaimer and on the product packaging.

6. No Medical Claims
All materials and information on the Site are provided for informational purposes only. Our products, including cosmetic products, are not intended to diagnose, treat, cure, mitigate, or prevent any disease, and are not intended to affect the structure or any function of the body. Any results described may not occur for every person. Please consult your own physician or a qualified professional regarding any health question.

7. Intellectual Property
The Site and its contents, including text, graphics, logos, product images, designs, page layouts, the “Nailored” name and marks, and software, are the property of Nailored or its licensors and content suppliers and are protected by intellectual-property laws. Except as expressly permitted, you may not copy, reproduce, republish, distribute, display, modify, create derivative works from, or otherwise use any part of the Site or its contents. Third-party marks that appear on products or packaging remain the property of their respective owners.

8. Permitted Use; Prohibited Conduct
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own personal, non-commercial purposes and to purchase products for personal use. You agree not to:

• use the Site for any commercial purpose, or resell, or collect or use product listings, descriptions, or prices, without our prior written permission;
• copy, scrape, harvest, frame, or systematically collect content or data from the Site, or use any robot, spider, or other automated means to access it;
• introduce any virus, malware, or harmful code, or launch any denial-of-service or similar attack;
• probe, scan, or test the vulnerability of, or breach the security or authentication of, the Site or any connected system, or attempt to gain unauthorized access to any account or data;
• interfere with or disrupt the Site or its servers, or use it to transmit unlawful, infringing, harmful, harassing, or deceptive material; or
• use the Site in violation of any applicable law.

We may suspend or terminate your access at any time. Violations of system or network security may result in civil or criminal liability, and we may investigate and cooperate with law enforcement.

9. User Submissions and Reviews
If the Site allows you to submit reviews, ratings, photographs, comments, or other content (“Submissions”), then by making a Submission you: (a) grant Nailored a worldwide, non-exclusive, royalty-free, perpetual, transferable, sublicensable license to use, reproduce, display, adapt, and distribute the Submission in connection with the Site and our marketing; (b) represent that it is your original content, is accurate, and does not infringe any third party’s rights or violate any law; and (c) agree that it is not confidential. We may, but need not, monitor, edit, or remove Submissions. Reviews must reflect your honest experience; we do not offer compensation in exchange for positive reviews.

10. Third-Party Links
The Site may link to third-party websites or resources, which have their own terms and privacy policies. We are not responsible for their content, products, or practices.

11. Indemnification
You agree to indemnify, defend, and hold harmless Nailored and its members, managers, officers, employees, affiliates, licensors, and service providers from and against any claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of this Agreement, your misuse of the Site, or your violation of any law or the rights of any third party.

12. Disclaimer of Warranties
THE SITE AND ALL CONTENT AND FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NAILORED DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

This Section disclaims warranties with respect to the Site. Any warranties or disclaimers relating to the products you purchase are addressed in our Terms and Conditions for Online Sales.

13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NAILORED AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.

Some jurisdictions do not allow certain limitations, including certain consumer-law rights. Nothing in this Agreement limits any rights you have that may not be waived under applicable law.

14. Copyright Complaints (DMCA)
If you believe content on the Site infringes your copyright, send a written notice to our designated agent containing the elements required by 17 U.S.C. § 512: your signature; identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a good-faith-belief statement; and a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner. Please deliver such materials to Support@nailored.com, with “Copyright Complaint” in the subject line.

15. Governing Law; Venue; Statute of Limitations
This Agreement, and any dispute relating to it or to the Site, is governed by the laws of the State of New York, without regard to its conflict-of-laws principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Kings County, New York, and waive any objection to those forums. Disputes concerning products or purchases are governed by the dispute-resolution provisions of the Terms and Conditions for Online Sales, which may require arbitration.

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to this Agreement or the Site must be commenced within one (1) year after the claim or cause of action accrues; otherwise, it is permanently barred. This limitation does not apply to any claim that cannot be shortened or waived under applicable law, and it does not apply to disputes concerning products or purchases, which are governed by the dispute-resolution provisions of the Terms and Conditions for Online Sales.

16. Miscellaneous
This Agreement, together with the policies incorporated by reference, is the entire agreement between you and Nailored regarding your use of the Site. Our failure to enforce any provision is not a waiver. If any provision is held unenforceable, it will be limited or severed and the remainder will remain in effect. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets. Nothing here creates any partnership, joint venture, employment, or agency relationship.

17. Contact
Nailored LLC
6565 Spring Brook Avenue
Suite 8, PMB No. 126
Rhinebeck NY 12572
Support@nailored.com