TERMS OF USE

Last Revised 8/23/2018


The Millennial Nail Bar,, LLC (“we”, “our” or “us”) operates the MNB internet accessible website and related mobile application/website, including all information, documents, communications, files, text, graphics and software available therein (the “Platform”), that helps users (“Users”) discover, engage with and book on-demand and in-home or on-location beauty services provided and operated by service professionals such as stylists and beauticians (“Professionals”). All services offered through the Platform, whether to Users or Professionals, will be referred to as the “Services.”
 

This Terms of Use Agreement (“Agreement”) includes our policy for acceptable use of the Services and governs your rights, obligations and restrictions regarding your use of the Services. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. By using the Services, you agree to be bound by this Agreement.
 

Because your privacy is important to us, this Agreement also incorporates, by this reference, our Privacy Policy at https://www.millennialnailbardc.com/privacy-policy which explains how we collect and use your content and information. Please read the Privacy Policy.
 

In order to participate in certain Services, you may be notified that you are required to agree to additional terms and conditions and such additional terms are hereby incorporated into this Agreement by this reference but such additional terms and conditions shall control solely for the applicable Service.
 

We may modify this Agreement from time to time and such modification shall be effective upon posting on theServices. You will be deemed to have agreed to any such modifications by your further use of the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. If you do not agree with the modifications, please discontinue use of the Services immediately.
 

The Platform helps facilitate transactions between Users and Professionals. You acknowledge and agree that The Millennial Nail Bar, LLC is not a party to any such transaction or resulting agreement and makes no representations and bears no responsibility with respect to any such transaction, including any issues relating to pricing, payment, quality or completion and you waive any claims against The Millennial Nail Bar, LLC with respect thereto. In addition, you acknowledge and agree that The Millennial Nail Bar, LLC is not a broker, agent or insurer with respect to any transactions that may occur via the Platform. We do not offer any professional services or control the quality of any services offered by Professionals or the conduct of any
User or Professional. All transactions entered into via the Platform are at your own risk.

 

 

YOUR ACCOUNT / SUSPENSION / TERMINATION
 

In order to utilize the Services, you will be required to register an account (an “Account”). When creating or updating an Account, you will be required to fill out an application that will require you to provide us with certain personal information, which may include your name, birthdate, e-mail address, physical address, work history,experience, training, and, in some cases, payment information, which will be held and used in accordance with our Privacy Policy at https://www.millennialnailbardc.com/privacy-policy. You shall notify us of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Without limiting anything in this Agreement, we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account and/or your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability, including in the event we stop offering any aspect of the Services. We expressly reserve the right to restrict, suspend and/or terminate your access to any part of the Services if we determine, in our sole discretion, that you have violated any of the terms of this Agreement.
 

 

RESPONSIBILITIES
 

If you are a Professional, you agree that nothing in this Agreement shall create an employer-employee relationship between you and us. You further agree that you are solely responsible for the accuracy of all information you provide in your application and on the Platform and that your offering of services through the Platform (a) will be in compliance with all applicable laws, rules and regulations; (b) will not breach any existing agreements you may
have with third parties; and (c) will not violate the rights of any third party. Without limiting any of the foregoing, you represent and warrant that you have all necessary permits, licenses and training to perform your services. You are solely responsible for maintaining any and all such applicable permits or licenses and paying any and all applicable taxes.

 

You further agree not to circumvent the booking process facilitated by the Platform or otherwise seek to be hired directly by any User introduced through the Platform, whether with respect to your initial transaction with a User or any subsequent transaction with a User introduced to you through the Platform, unless, at our request, you can demonstrate with a pre-existing writing that such User was already a regular and consistent client of yours prior to your performance of services for such User. In furtherance of the foregoing, as a material condition to your
participation on the Platform, you agree that all bookings with a User introduced to you through the Platform will be performed through the Platform.

 

Moreover, you acknowledge and agree that (a) to the extent permitted by applicable law, you consent to a criminal background check, credit check, license verification check and similar inquiries by us or our chosen vendor, at our discretion; (b) you will provide all services in a good and workman-like manner, upholding the highest level of professional beautician/stylist standards to which the MNB subscribes to; (c) you will timely arrive to every appointment; (d) you will be solely responsible for all costs related to your services, including transportation, phone and equipment; and (e) all information you provide during the application process is true and accurate.
 

If you are provided with a User’s contact information, you expressly agree that you will only contact the User for purposes related to an applicable booking.
 

 

YOU FURTHER AGREE THAT THERE ARE INHERENT RISKS IN PROVIDING ON-SITE OR ONLOCATIONSERVICES, AND YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE
PERFORMING ANY SUCH SERVICES VOLUNTARILY WITH A FULL UNDERSTANDING OF SUCHRISKS, AND SHALL NOT HOLD OR ATTEMPT TO HOLD THE GLAM APP, LLC LIABLE FOR ANY CLAIMS, CAUSES OF ACTION, OR LIABILITIES ARISING FROM ANY INJURIES OR DAMAGES THAT MAY OCCUR IN YOUR PERFORMANCE OF ANY SUCH SERVICES.

 

 

TRANSACTIONS
 

A. Rates & Tipping
 

Based on information provided during the application process, we categorize each of our Professionals as beginners, juniors or VIPs. We then set the hourly rates for each category of Professionals. These hourly rates are determined in our sole discretion and are subject to change without notice. In addition to those fees, we also charge additional fees such as booking fees as described in more detail below. Unless otherwise stated, such fees do not include taxes or duties of any kind, and all taxes and duties are the responsibility of the User or Professional, as applicable. Cash tips are not permitted. Any tipping by Users to Professionals is to occur solely through the Platform. For the sake of clarity, any booking fees or other fees that we charge as a percentage of orders are not charged on tips (but third-party payment processing fees may be).
 

B. Fee

 

By creating an Account with the Platform, you will be added to the network of Professionals made available to Users through the Platform. When Users submit a request for services from Professionals that meet your characteristics (e.g., experience level, expertise), you will receive a notification and will have the ability to accept the applicable appointment on a first-come, first-served basis.applicable appointment on a first-come, first-served basis.
You acknowledge and agree that we may charge and retain a service fee of fifteen percent (15%) of your fee for all accepted appointments made through the Platform, but that we reserve the right, in our sole discretion, to from time to time change the amount of such service fee. We will at all times use a third-party payment processor to collect the applicable fees from our Users and to remit to you the amounts due to you (after deducting our 15% service fee). You will not be paid for any booking for which the payment does not go through (e.g., a card is declined) or which is cancelled outside of 24 hours from the appointment as described in the Cancellations / Changes / Refunds section below. You agree that you will at all times maintain accurate and current electronic payment information within thePlatform, and authorize us to make any payments or adjustments as due or necessary, including without limitation processing payment of the service fee and any cancellation fee payable to us (as described below).

 

Once a User makes a booking of your services through the Platform, you may not alter the price upon which the booking was based unless you agree, in your discretion, to provide services over and above the initial request for a higher fee.
 

C. Cancellations / Changes / Refunds

It is absolutely essential to the success of our Platform that our Professionals keep their appointments and are punctual. For this reason, you agree that you may incur certain penalties in the event you cancel or change accepted appointments as described in more detail hereunder.
• If you cancel more than 24 hours before your accepted appointment, there is no financial penalty. However, you will receive one “strike.” If you receive three (3) total strikes, without limiting any of our other rights hereunder, we may immediately terminate your account.
• If you cancel any time less than 24 hours but more than 1 hour before your accepted appointment, you will incur a penalty equal to 25% of the total fee for the accepted appointment (i.e., your fee plus any surge pricing). In addition, we will have the right to immediately terminate your account or to give you a strike.
• If you cancel 1 hour or less from your accepted appointment, or if you fail to appear at your accepted appointment at the scheduled time, you will incur a penalty equal to 100% of the total fee for the accepted appointment. In addition, we will have the right to immediately terminate your account or to give you a strike.
• If you are late to an accepted appointment by 15 minutes or more, you will incur a penalty equal to 50% of the total fee for the appointment. If the User cancels an accepted appointment more than 24 hours before its scheduled time, the cancellation will be
honored and you will not receive any payment (in such situations, you agree that under certain circumstances, we may keep the booking fee charged to the User).

 

If a User cancels an accepted appointment 24 hours or less before the scheduled time, the User will be given the opportunity to reschedule with you at a time that is no more than 24 hours from the originally scheduled time. If the User attempts to reschedule in this manner but you do not accept it, the opportunity will be presented to other Professionals. If another Professional accepts the rescheduled time, you will not receive any fees. If the User does not attempt to reschedule, or the User does attempt to reschedule but neither you nor any other Professional accepts the rescheduled time, you will receive the full amount of the fees due to you had the appointment taken place at its originally-scheduled time.
D. No Guarantees

 

For the sake of clarity, we make no representations, warranties or guarantees that if you join the Platform as a Professional you will successfully book any appointments or earn any level of fees.
 

RELATIONSHIP BETWEEN US AND OUR USERS/PROFESSIONALS
 

Our Services are limited to hosting and making available the Platform which provides information about Professionals and facilitates relationships between Users and Professionals. We do not provide any professional services nor do we monitor or control the activities, services, or pricing of the Professionals listed on the Platform, as such individuals are not our employees. We make no representations regarding, and are not liable or responsible as such individuals are not our employees. We make no representations regarding, and are not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of, any of the content or information uploaded, displayed, or distributed on the Platform, or products or services made available thereon. If you are a Professional and you choose to offer your services to our Users, or you are a User and choose to book the services of a Professional, you do so at your own risk. The purchase, payment, warranty, guarantee, delivery, maintenance, and all
other matters concerning the products, services or information, opinion or advice ordered or received from Professionals are solely between the User and such Professional. We do not endorse, sponsor or recommend any Professional on the Platform. Without limiting the foregoing, we make no representations or warranties regarding the services of any Professional on the Platform, including with respect to the quality of their services, the reasonableness of their rates, that they will be available for any scheduled times or that they are properly licensed or permitted. Users are solely responsible for determining the suitability of any Professional they may find through the Platform. We will not be a party to or in any way be responsible for monitoring any transaction between Users and Professionals. As described in more detail in the section below, any dispute between a User and a Professional relating in any way to the services provided by the Professional to the User shall be settled solely between the User and Professional.

 

CONDUCT
You agree to use the Services only for proper and lawful purposes. Specific prohibited activities include, but are not limited to:


1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing,
gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, theft of trade secrets, and abusive, threatening, obscene, defamatory or libelous conduct;
2. attempting to circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein;
3. using any software that intercepts, mines, or otherwise collects information about other users or copies and stores any Proprietary Materials (as defined below);
4. attempting to impersonate another user or person;
5. soliciting personal information from anyone under 18;
6. collecting, harvesting, soliciting or posting passwords or personally identifiable information from other users;
7. using the account, username, or password of another account holder at any time or disclosing your password to any third party or permitting any third party to access your Account;
8. using any information obtained from the Services in order to harass, abuse, or harm another person; or
9. using the Services in a manner inconsistent with any and all applicable laws and regulations.
Any conduct by you in violation of the foregoing prohibitions may result in the suspension or termination of your Account and your access to the Services.

 

 

CONTENT
 

A. Not Advice or an Endorsement

All content on the Platform, including any Posted Content (as defined below) and content from external sources, is strictly for informational purposes only and is not intended to be deemed advice or an endorsement of any Professional.
 

B. Proprietary Rights
With the exception of content posted by Users or Professionals (“Posted Content”) all materials contained on the Services, including all content, and the software, graphics, text and look and feel of the Platform, and all intellectual property, including trademarks, logos and service marks (“Marks”), copyrights, patents and other intellectual property rights related thereto (collectively, the “Proprietary Materials”), are owned or controlled by Millennial Nail Bar,LLC, our subsidiaries or affiliated companies, our third-party licensors, and/or our advertising partners. You may
not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Services, in whole or in part, unless specifically stated otherwise. Subject to your compliance with this Agreement and any other
relevant policies related to the Services, we grant you a non-exclusive, non-transferable, revocable limited license subject to the limitations herein to access and use the Services and Proprietary Materials for your own purposes consistent with the intended purpose of the Services. You are not permitted to use the Marks without our prior written consent, and you agree not to use the Services for any purpose other than as described herein.

 

 

C. Distribution/Uploading of Content
You are prohibited from posting on or transmitting through the Services (e.g., through Posted Content, a chat or user forum, or comment posted through the Services) any content that infringes upon a third party’s intellectual property rights or is defamatory, damaging, illegal, or offensive. By submitting content or materials (“Your Content”) to us through the Services, including, without limitation, uploading any materials (including images), choosing a username, or participation in any chats or forums, you automatically grant us or warrant that the owner of such content has expressly granted us, the royalty-free,irrevocable, sublicensable and transferable, non-exclusive right and license to use, reproduce, publish, translate,
prepare derivative works of, copy, perform and distribute Your Content, including all patent, trademark, trade secret,copyright or other proprietary rights in and to such content and your username, actual name, and likeness (if submitted), in whole or in part worldwide. You also hereby grant each user of the Services a non-exclusive license to access Your Content through the Services, and to use, reproduce, distribute, display and perform Your Content as
permitted through the functionality of the Services and under this Agreement. The above licenses granted by you in Your Content are perpetual and will only terminate if you’ve requested the removal or deletion of Your Content from the Services (such license will terminate within a commercially reasonable time after your request to remove or delete Your Content).

 

You understand and agree, however, that we may retain, but not display, distribute, or
perform, server copies of Your Content that have been removed or deleted. Subject to these grants, you retain any and all rights which may exist in Your Content. We may disclose any of Your Content or electronic communication of any kind (i) to satisfy any law, regulation, or
government request; (ii) if such disclosure is necessary or appropriate to operate our Services; (iii) to protect our rights or property and our officers, directors, employees and agents; or (iv) to protect our partners, affiliates and any other user.

 

 

D. Representations and Warranties
 

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of Your Content and to enable inclusion and use of Your Content in the manner contemplated by the Services and this Agreement. You further represent and warrant that Your Content will not defame any third party and that the use
of Your Content on the Services will not violate or infringe upon the intellectual property rights, or the rights of privacy or publicity, of any third party.

 

 

E. Third-Party Content & Posted Content
 

You acknowledge that we are an online service provider that may post content supplied by Users, Professionals or other third parties. We do not practice editorial control over the content posted by such third parties (including Posted Content). Any opinions, advice, statements, judgments, services, offers, or other information that constitutes part of the content expressed or made available by third parties, including any Professional’s Posted Content, are those of the respective authors or distributors and not of us or our affiliates or any of their officers, directors,
employees, or agents. While we retain the right to filter or reject Posted Content and other content posted by third parties, we review Posted Content and other third-party content in a limited gate-keeper fashion and have no obligation to investigate whether any piece of Posted Content is accurate or violates any term of this Agreement and will not do so in most cases. We neither endorse nor are responsible for the Posted Content or any other content posted to the Services by anyone other than ourselves. Just as you retain complete ownership of Your Content (subject to the license to us granted above), all other users of the Services retain ownership of their Posted Content. You may not modify, remove, delete, augment, add to,
publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Posted publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Posted Content in whole or in part.

 

Disclaimers

THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE IN-HOME BEAUTY SERVICES PROVIDED BY SERVICE PROVIDERS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation on Liability

IN NO EVENT WILL WE (AND OUR SUPPLIERS), OR THE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID GLAMSQUAD IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including but not limited to, any use of the Services in violation of this Agreement or our discontinuance of any Services. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.

Copyright Policy.

We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;

  • identification of the copyrighted work(s) that you claim to have been infringed;

  • identification of the material on our Services that you claim is infringing and that you request us to remove;

  • sufficient information to permit us to locate such material;

  • your address, telephone number, and e-mail address;

  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

Changes to Agreement. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation, enforceability and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or the service providers or our employees, agents, successors, or assigns, will exclusively be settled through binding arbitration.

Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one neutral arbitrator with substantial experience in resolving consumer contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Consumer Arbitration Rules (which can be found here: https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&) (“Rules”).

You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (g) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.

Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in the state of Delaware in order to maintain the status quo pending arbitration, and hereby agrees to submit to the exclusive personal jurisdiction of the courts located within Delaware solely for such purpose. This shall not be deemed to include disputes regarding the interpretation, enforceability and scope of this arbitration provision and/or the arbitrability of any controversy, dispute, demand, count, claim, or cause of action, which disputes shall be resolved exclusively by the arbitrator.  A request for interim measures will not be deemed a waiver of the right to arbitrate.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. In any case in which the dispute is initiated or pursued as a class, collective or representative action, and any part of either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the class, collective, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of subpart (a) or (b) that is enforceable shall be enforced in arbitration.  Any dispute or claim not covered by this arbitration provision as described herein must be exclusively brought in state or federal court in the State of Delaware.

For more information on AAA, its Rules, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.

Choice Of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement will be binding upon assignees.

Copyright/Trademark Information. Copyright © 2018 MNB. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Email: info@millennialnailbardc.com