Terms and conditions of service

Terms and conditions

OVERVIEW

This website is operated by Torrid Nails, a trademark owned by Infinite Lux Corporation EIN: 87-1221206. Throughout the website, the terms “we”, “us” and “our” refer to Torrid Nails. Torrid Nails has provided this website and everything on it (information, tools and services) to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those terms , those additional terms and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Service apply to all users of the site, including without limitation users visiting the site, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing our website. By accessing or using any portion of the site, you agree to be bound by these Terms and Conditions of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Website or be able to use any services contained herein. If these Terms and Conditions of Service are considered an offer, then acceptance is expressly limited to these Terms and Conditions.

These Terms provide that all disputes between you and Torrid Nails relating to these Terms or your use of the Site or Products will be resolved by BINDING ARBITRATION, AND YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under these Terms, except for matters that may be brought in small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims may not be brought as a class action. Please see Section 22 (“Dispute Resolution”) for details regarding your arbitration and disputes agreement with Torrid Nails.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Service. You can read the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They are the suppliers of the online e-commerce platform that allows us to offer our products and services for sale.

SECTION 1 - ONLINE STORE TERMS

By accepting these terms and conditions of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that has given us consent to allow all minors dependent on him to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit worms, viruses, Trojan horses, or any code of a destructive nature. A violation of any of these Terms will result in immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone, for any reason, at any time.

You understand that your information (not including credit card information), may be transferred unencrypted, which involves (a) transmissions over various networks; and (b) changes to adapt and conform to the technical requirements of the networks or devices to which you connect.

By using the service you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site where the service is provided , without our express written consent.

The headings used in this agreement are included for convenience only and will not limit or affect these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making important decisions without first consulting primary or more accurate, complete or up-to-date sources of information. Any decisions/actions you make in reliance on the material contained on this site are at your own risk.

This website may contain historical information. Historical information, by necessity, is not updated, and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that you are personally responsible for monitoring any changes to the site.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), without notice at any time.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Some products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but have no obligation, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of any products or Services we offer. All product descriptions or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to stop providing any products or Services at any time. Any offer for any product or service on this Internet site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF PAYMENT AND ACCOUNT INFORMATION

We reserve the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or telephone number or billing address provided at the time the order was made. We reserve the right to limit or prohibit orders which, in our sole judgment, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For further details, please see our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we have no control and which are not monitored by us.

You acknowledge, agree and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement by our part. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with them and approve the terms and conditions on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8- THIRD PARTY LINKS

Some content, products, and services available through the Service may include materials from third parties.

Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made on any third-party websites. Please review the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, requests, concerns, or questions about third-party products should be directed directly to the applicable third party.

SECTION 9 - USER COMMENTS, RATINGS AND OTHER SUBMISSIONS

If, at our request, you send certain specific content (for example contest entries) or if without a request from us you send creative ideas, suggestions, proposals, projects or other material online, via email , by postal mail or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any way any comments forwarded to us by you. We are and will be under no obligation (1) to keep your comment secret; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or objectionable in any otherwise or that violates intellectual property or these Terms and Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any viruses or other malware that could in any way affect the operation of the Service or Products. You may not use a false e-mail address, pretend to be someone other than yourself, or falsely imply that we or any third-party are the origin of any comment. You are solely responsible for any comments made by you and the accuracy of the comments. We take no responsibility for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Privacy Policy or Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information made available on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges , transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any, in the Services or on any website at any time without prior notice (including after you place your order). related, is imprecise.

We undertake no obligation to update, amend or clarify information in the Services or on any related website, including, for example, pricing information, except as required by law. No specified update or refresh date in the Service or on any related site, should be taken to indicate that all information in the Service or on any related site has been updated or modified.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions listed in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in illegal acts; (c) to violate any local, national, international, federal, provincial or state regulations, rules, laws or ordinances; (d) to infringe the intellectual property rights of the site or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or to disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that could be used to affect the use or operation of the Service or of any Service or related site, other websites, or the Internet; (h) to collect or track other users' personal information; (i) to spam, phish, pharming, use spider, crawl, or scraper programs; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security protocols of the Service or any related site, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable

You agree that we may from time to time make the Service unavailable for indefinite periods of time or remove the Service at any time without notice.

You expressly agree that your use of, or inability to use, the Service is solely at your risk. The Service and all products and services provided to you through the Service are (except as expressly stated by us) provided "as is", "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no event will Misfitmasks, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damages, losses, claims, or damages whether direct, indirect, incidental, punitive, special, or consequential damages of any nature, including, for example, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of your use of any service or any product procured using the service, or for any other claim relating in any way to your use of the Service or any product, including, for example, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or products) posted, transmitted, or otherwise made available via the Service, even if advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATIONS

You agree to indemnify, defend and hold harmless Misfitmasks, its subsidiaries, affiliates and partners, officers, directors, agents, suppliers, licensors, service providers, subcontractors, vendors, interns and employees, against any claim or demand , including legal fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, this provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity and enforceability of any other provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties existing prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the termination date; and/or as a result we may deny you access to our Services (or any part thereof).

SECTION 17 – SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS (INCLUDING CART REMINDERS)

(a). When you accept the service, we will send you an SMS message to confirm your subscription. (b) Our messaging service will be used for marketing communications (including company updates, events, sales, shopping cart reminders, etc.) (c). You can cancel your SMS service at any time. Just write "STOP" to the short code. After you send us the SMS message "STOP", we will send you an SMS message to confirm that you have been deleted. After that, you will no longer receive SMS messages from us. If you would like to sign up again, just sign up as you did the first time and we will start sending you SMS messages again. (d) If at any time you forget which keywords are supported, just write "HELP" to the short code. After you send us the "HELP" SMS message, we will respond to you with instructions on how to use our service and how to unsubscribe. (And) We can deliver messages to the following mobile carriers: Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S Cellular, Alltel, Boost Mobile, Nextel and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero and West (West StarC). ***Carriers are not responsible for delayed or undelivered messages** *(f). As always, message and data rates may apply to any messages sent to you by us and to us by you. The frequency of messages may vary. If you have any questions about your text plan or data plan, we recommend contacting your wireless provider. For all questions about the services provided by this short code, you can send an email to info@torridnails.com.

If you have questions about privacy, please read our privacy policy: https://torridnails.com/policies/privacy-policy

SECTION 18 - ENTIRE AGREEMENT

Our failure to assert or assert any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between us and govern your use of the Service, superseding any agreements , prior or contemporaneous communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the writing party.

SECTION 19 - APPLICABLE 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 68 Harriet Street, San Francisco CA 94103

SECTION 20 – CHANGES TO THE TERMS OF SERVICES

You can read the most current version of the Terms and Conditions of Service at any time on this page.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check our Services periodically for changes. Your use of, or access to, our Services or the Service after the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be directed to info@torridnails.com.

SECTION 22 – DISPUTE RESOLUTION

In the interest of resolving disputes between you and Torrid NAILS in the most convenient and economical manner, you and Torrid Nails agree that any dispute arising out of or in any way relating to these Terms or your use of the Site or of the Products will be resolved by binding arbitration. Arbitration is less formal than a court case. Arbitration uses a neutral arbitrator rather than a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and remedies that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or use of the Site or Products, whether based in contract, tort, statute, fraud, misrepresentation, or any other theory legal, and regardless of whether a claim arises during or after termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TORRID NAILS ARE BOTH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Notwithstanding the provisions of the Section entitled "Generally" directly above, nothing in these Terms shall be deemed to waive, preclude, or otherwise limit either party's right to: (a) bring an individual action in small claims court ; (b) pursue enforcement action through the applicable federal, state, or local agency if such action is available; (c) seek injunctive relief in a court; or (d) file a lawsuit in a court of law to address an intellectual property infringement claim.

arbitration Any arbitration between you and Torrid Nails shall be governed by the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Torrid Nails. The arbitrator shall have exclusive authority to resolve any dispute concerning the interpretation, applicability, or enforceability of this binding arbitration agreement.

Communications. Procedure A party who intends to seek arbitration must first send written notice of dispute to the other party by electronic mail or electronic mail (“Notice”). Torrid Nails address for notification is: 18351 Colima Rd, #2865, Rowland Heights, CA 91748 or email info@torridnails.com with the word “legal” in the subject line of the email. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) indicate the specific relief requested (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Torrid Nails may begin an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Torrid Nails shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Torrid Nails will pay you the higher of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Torrid Nails in resolving the dispute prior to the arbitration award; or (iii) $100.

Expenses. If you initiate arbitration in accordance with these Terms, Torrid Nails will reimburse you for your payment of the filing fee, unless your claim is for more than $15.000 or as set forth below, in which case the payment of any fees will be governed by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon, but if the claim is $15.000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance-based telephone hearing; or (c) by an in-person hearing as set forth by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Torrid Nails for all amounts previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make awards and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding and upon request by either party within 14 days of the arbitrator's ruling on the merits.

Class actions YOU AND TORRID NAILS AGREE THAT YOU MAY BOTH BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS ACTION MEMBER IN ANY OTHER CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Torrid Nails agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or legal proceeding.

Amendments to this Arbitration Provision. If Torrid Nails makes any future change to this arbitration provision, other than a change to Torrid Nails' Notice address, you may reject the change by sending written notice within 30 days of the change to Torrid Nails' Notice address, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Torrid Nails.

Enforceability. If the Section entitled “No Class Actions” is held to be unenforceable or if the entirety of Section XVIII is held to be unenforceable, then the entirety of Section XVIII shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in below will govern any action arising out of or relating to these Terms or use of the Site or Products.