TERMS OF USE



Welcome to ph7nailcouture.com.  This website and related services are operated by pH7 Natural Beauty Inc. (hereafter, “us”, “we”, “our”, “pH7”, or the “Company”). By registering, accessing or using our website at www.ph7nailcouture.com, any subdomain thereof, or any mobile version thereof, (together the “Site”), you (or the “User”) signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or “Agreement"), whether or not you are a registered user of the Site (“Registered User”).

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

  1. Eligibility and Registration. You represent and warrant that you are above the legal age of majority in your jurisdiction of residence. As a visitor to the Site, you need not be a Registered User of the Site. However, certain sections of this Site may require you to register, or otherwise may ask you to provide information to participate in certain features or to purchase certain goods or services. If registration is requested, you agree to provide us with accurate and complete registration information. It shall be your responsibility to inform us of any changes to that information. Each registration is for a single individual and noncommercial use only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you, the User. You agree to immediately notify us of any unauthorized use of your registration or password.

 

  1. Privacy Policy. We have developed a Privacy Policy in order to inform you of practices with respect to the collection, use, disclosure and protection of your information. You can find the Privacy Policy, which is incorporated into this Agreement, on our home page and by using this Site you agree to the terms of the Privacy Policy.

 

  1. . This Agreement will remain in full force and effect while you use the Site and/or are a Registered User. The Company may terminate your registration, delete your account and any content or information that you have provided on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) if you violate this Agreement or are engaged in illegal or fraudulent use of our service, at any time in its sole discretion, with or without notice. You may terminate your registration at any time for any reason; however, the Company may retain Your Registration Data and User Content (as defined herein). Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 14 below for a list of the provisions of this Agreement that will survive the termination of your Registration.

 

  1. Changes and Modifications. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice, provided that we post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, then do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 

  1. Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself during registration, ("Registration Data"); (b) maintain the security of your password and account information; and (c) be fully responsible for all use of your account and for any actions that take place using your account.  You acknowledge that pH7 will use the email address you provide with your Registration Data as the primary method for communication.

 

  1. Restrictions on Your Use of the Site.

    • The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site solely for User's personal use, and such other use for which the Site is intended. The User will not use the Site for any other purpose, without the Company's express prior written consent.

    • You agree not to use the Site or to authorize any other person to use the Site to:

      • cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;

      • harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

      • use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

      • use automated scripts to collect information from or otherwise interact with the Site;

      • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.

 

  1. Proprietary Rights in Site Content; Limited License.

    • Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of pH7, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without pH7’s prior written permission.

    • Limited License. Provided that the User is eligible to use the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright, trademark, service mark, or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate any Site Content in any other database or compilation, and any other use of the Site Content is strictly prohibited. The license granted by this Terms of Use does not permit the use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

 

  1. Goods and Services. Except as otherwise noted, creating a user account with pH7 is free. Once you have become a Registered User you can elect to purchase our Goods and Services (“Goods and Services”).

    • Payment processing for purchasing Goods and Services may be handled by third-party payment gateway providers. When buying Goods and Services you will need to enter your credit card or other payment details into the payment system before you confirm your purchase.

    • If you suspect there has been a fraudulent transaction recorded in respect of the Site, you must contact the Company directly to resolve your complaint. The Company will cooperate with the third-party payment gateway to provide reasonable assistance in resolving any complaint.

    • You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site or to purchase Goods and Services.

    • We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All features, content, specifications, sizes and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown.

    • All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason, and prices for all products are subject to change.

    • Please review our Shipping and Return policies posted on our Site before making any purchase.

 

  1. Intellectual Property.

    • . pH7 and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

    • No Intellectual Property Infringement Permitted. You may not Post, distribute, or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.

 

  1. Third Party Websites and Content.

    • The Site may contain (or you may be sent through the Site to) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.

 

  1. Disclaimers and Limitations on Liability.

 

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF TROUPEBASE TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

 

  • IN NO EVENT WILL PH7 OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR ANY THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF PH7 IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  • NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PH7'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE WEBSITE DURING THE TERM OF THIS AGREEMENT AND IN NO CASE WILL EXCEED THE AMOUNT PAID BY YOU TO PH7 IN THE PRECEDING 6 MONTHS. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO PH7 FOR USE OF THE WEBSITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM PH7, REGARDLESS OF THE CAUSE OF ACTION.

 

  1. . You agree to indemnify, defend, and hold harmless pH7 and its affiliates, officers, directors, employees, agents, and representatives for damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys' fees), arising in connection with any claim, suit, proceeding, or other action arising from your use of the Site or Good or Services, your conduct in connection with your use of the Site or Services, or any violation of these Terms of Use or of any law or the rights of any third party.

 

  1. .

    • Governing Law; Venue and Jurisdiction. By visiting or using the Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts in Kings County, New York, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts in New York, New York.

 

  • Alternative Dispute Resolution. You and the Company agree that all disputes, controversies or differences that may arise between the parties hereto, out of or in relation to or in connection with this Agreement ("Dispute(s)"), and that cannot be resolved between the parties, shall be submitted first to non-binding mediation.  If the Dispute is not resolved through such mediation, then the Dispute shall be submitted for binding arbitration in New York in accordance with the Consumer Procedures and Rules of the American Arbitration Association.  You understand and hereby agree that Disputes shall be arbitrated on an individual basis and that there shall be no right or authority for any Dispute to be arbitrated on a class action basis or in any other representative capacity on behalf of other persons similarly situated.  In addition, Disputes brought to arbitration pursuant to these Terms of Use may not be joined or consolidated in arbitration with Disputes brought by or against any third party, unless agreed to in writing by all parties.  No arbitration result is to be given preclusive or precedential effect as to issues or claims in any Dispute with anyone who is not a party to the arbitration

 

  • Survival. Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Site Content), (Member Disputes), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).

 

  • Entire Agreement. These Terms of Use constitute the entire agreement between you and Company regarding the use of the Site, superseding any prior agreements between you and the Company relating to your use of the Site.

 

  • Other. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

 

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