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Terms Of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

August 2011

Welcome to www.BuyNailsDirect.com (the “Site”)! These Terms of Use describe the terms and conditions applicable to your access and use of the websites at www.BuyNailsDirect.com. This document is a legally binding agreement between you as the user(s) of the Sites (referred to as “you”, “your” or “User” hereinafter) and the www.BuyNailsDirect.com entity listed in clause below (referred to as “we”, “our” or “BuyNailsDirect.com” hereinafter).


1. Acceptance of Agreement
By accessing, using or browsing the Site, you agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. We reserve the right, in our sole discretion, to change, add or modify any portion of these Terms of Use at any time by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. If you do not agree with any of these terms or changes to the Terms of Use, please do not use the Site.

2. Modifications to the Site
We reserve the right, for any reason, in its sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

3. User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you will not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing, libelous, defamatory, pornographic or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.

4. Intellectual Property
 We are the sole owners or lawful licensee of all the rights and interests in the Sites and the Site Content. The Sites and Site Content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Sites and Site Content shall remain with us, our affiliates or licensors of the Site Content, as the case may be. All rights not otherwise claimed under the Terms or by us are hereby reserved.

You acknowledge and agree that all content and materials available on the Site, including but not limited to the Alfalfa Nail Supply name and logos, are protected by intellectual property and other laws. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or transmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) attempt to decompile or reverse engineer any software contained on the Site; (d) remove any copyright or other proprietary notations from the materials; (e) transfer the materials to another person; or (f) “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions.

5. User Submissions
Any information, data, material, remarks, ideas, concepts or other information you transmit or post to the Site (“Submitted Information”) will be considered non-confidential and non-proprietary. We will have no obligations to you with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes.

6. Professional Accounts
Professionals are able to register to access a professionals-only, password-protected area of the Site. You agree that you will provide accurate information when creating such an account and that you will keep your account information up-to-date. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

User must be registered on the Sites to access or use some Services. Except with our approval, one User may only register one member account on the Sites. We may cancel or terminate a User’s member account if we have reasons to suspect that the User has concurrently registered or controlled two or more member accounts. Further, we may reject User’s application for registration for any reason.

7. Diversion Policy
Alfalfa Nail Supply, Beyond, Botanical Escapes, Lexi, and others listed on the Site are trademarked brands. Our products are manufactured for sale and distribution in salons and retail environments where the use and purchase of our products are guided by the advice of professionals. Sale of our products over the Internet, other than on the Site, whether on auction or independently-owned sites, are prohibited by our contracts and long-standing company policies. We  do not guarantee the genuineness, quality, or freshness of its products sold outside authorized channels. Such products may be adulterated or misbranded. Internationally, we assign specific country territories to its distributers. Sales by others into those territories from other countries, whether by the Internet or otherwise, violate the rights of those distributors and interfere with our contractual relations with them, as well as with our respective rights for prospective economic advantage. Such sales, which frequently involve false declarations and illegal shipment of flammable materials via U.S. mail, violate not only U.S. Customs and U.S. Postal Service laws, but also the import laws of the country of destination. Such actions may subject both sellers and purchasers to criminal sanctions, fines, and confiscation.

8. Privacy
For an explanation of our practices and policies with regards to information collected or submitted to the Site, please see its Privacy Policy.

9. Indemnification
You agree to defend, indemnify and hold us, and our officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Site; (b) your breach or violation of these Terms of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Site using your password. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

10. Termination
These Terms of Use constitute a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site.

11. Linking Restrictions
You may provide a hypertext link to the Site on another website, provided that: (a) the link must be a text-only link clearly marked “Buy Nails Direct Home Page” and only go to the Site’s home page; (b) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our  name and trademarks; (c) the appearance, position and other aspects of the link may not create the false impression that an entity is associated with or sponsored by us; (d) when activated by a user, the link must display the Site full-screen and not within a “frame” on the linked website; and (e) we reserve the right to revoke our consent to the link at any time in its sole discretion.

12. Choice of Law
These Terms of Use shall be governed by and in accordance with the laws of the State of Louisiana, without regard to conflicts of law provisions. Any controversy involving us, arising from or in any way related to these Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in East Baton Rouge and you irrevocably consent to the jurisdiction of such courts.

13. Notices
All legal notices or demands to or upon BuyNailsDirect.com shall be made in writing and sent to BuyNailsDirect.com personally, by courier, certified mail, or facsimile to the following address: BuyNailsDirect.com, 11488 South Choctaw Dr., Baton Rouge, LA 70815. Attn: Dat Ton. The notices shall be effective when they are received by us in the above-mentioned manner.

All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to BuyNailsDirect.com, or by posting such notice or demand on an area of the Sites that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when.
a) BuyNailsDirect.com is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or
b) Immediately upon BuyNailsDirect.com posting such notice on an area of the Sites that is publicly accessible without charge.

You agree that all agreements, notices, demands, disclosures and other communications that we send to you electronically satisfy the legal requirement that such communication should be in writing.

14. General Provisions
If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of these Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. This agreement comprises the entire agreement between you and us, and supersedes all prior agreements between the parties regarding the subject matter contained herein. All provisions in these Terms of Use regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of these Terms of Use.

15. Force Majeure
Under no circumstances shall we be held liable for any delay or failure or disruption of the content or services delivered through the Sites resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

16. Contact Information
If you have any questions or comments about these Terms of Use, please contact us at:

Alfalfa Nail Supply, Inc.
Attn: BuyNailsDirect.com
11488 South Choctaw Dr.,
Baton Rouge, LA 70815

 
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