MEMBERSHIP TERMS AND CONDITIONS
168 NAIL SUPPLY
PREMIUM MEMBERSHIP PROGRAM (PMP)
TERMS AND CONDITIONS
Introduction:
Welcome to the 168 Nail Supply Premium Membership Program (the “PMP”), brought to you by 168 Nail Supply Inc., a Michigan corporation. (“We” or “168 Nail Supply”) is provided to you by 168 Nail Supply and your use of the PMP and portal.168holdings.com and member.168holdings.com (“Site”) are subject to the following Terms and Conditions and all referenced policies.
All of which may be amended and modified from time to time.
If you visit and/or use the PMP or the Site, you agree to follow and be bound by the most up-to-date Terms and the Policies then in place.
If there is any conflict between these Terms and Policies and any other documents, including, without limitation, prior versions of the Terms or Policies, the most current version of the Terms and Policies will control.
Please review these Terms and referenced Policies whenever you use the Site. Please do not enter or use the Site without agreeing to be bound by these Terms and Policies.
Benefits:
Your subscription to the PMP and payment of the annual fee, shall entitle the user to the following benefits:
All benefits are subject to availability and subject to change from time to time. The benefits may be limited to certain products sold by 168 Nail Supply. Products eligible for PMP will be designated as such on their product pages or otherwise.
We reserve the right to exclude certain products from the benefits of
the PMP if the same would violate any terms and conditions imposed on 168 Nail Supply by any manufacturer or distributor of such products.
General Terms and Conditions:
To use the PMP, your membership subscription must be active, and the member must be current on all dues and any other fees or charges owed to 168 Nail Supply.
The member must be present at the time of purchase, with a valid membership card and matching photo identification to be eligible for PMP pricing at checkout.
All online orders are shipped only to the address of the Primary Member on file.
The Primary Member is an individual who has subscribed to the PMP, paid the annual subscription fee and has been accepted by 168 Nail Supply.
A Membership Card shall be issued to all PMP members, in the name of the Primary Member.
Primary Members must be at least 18 years old.
Only one (1) Primary Member is allowed per subscription.
Registration and Renewal:
To subscribe to the PMP, the individual must:
Cash payments are not accepted when purchasing the membership subscriptions.
All membership subscriptions are subject to the followings:
You may cancel your subscription at any time. We will send you a renewal notice before your subscription expires, and your non-refundable renewal dues will be automatically charged to your credit card on the day that your subscription expires.
UNLESS YOU NOTIFY US BEFORE YOUR SUBSCRIPTION EXPIRES THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR PMP SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE 168 NAIL SUPPLY TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, FROM YOUR CREDIT CARD ON
FILE.
Once paid, subscription fees (initial or renewal) are non-refundable, except as otherwise specifically provided herein.
If you decide to cancel your subscription or allow it to expire, you
must notify us in writing that you would like cancel your PMP subscription prior to the date your subscription expires.
Cancellation Policy:
Subject to the above, you may cancel at any time.
168 Nail Supply reserves the right to cancel subscriptions and/or issue chargebacks to members at any time if the Primary or Associate Member is found to be in violation of the Terms and Policies. Charge backs may include any reasonable administrative, processing or service fees arising from such a violation or for services rendered.
168 Nail Supply may terminate your subscription at our discretion without notice. If we do, and it is not for the reason set forth below, we will give you a prorated refund based on the number of full months remaining in your subscription.
We will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law,
involves fraud or misuse of the PMP, or is harmful to our interests or another user.
Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights. Other reasons 168 Nail Supply may terminate subscriptions without a prorated refund, include, without limitation, unpaid dues or charges, inappropriate or illegal conduct such as committing or threatening violence or being abusive to 168 Nail Supply employees; destroying or vandalizing property of 168 Nail Supply; or misrepresenting your identity or providing false and/or misleading information at the time of subscription.
Subscription Changes:
168 Nail Supply, in its sole discretion, may change the Terms and Policies, or any aspect of the PMP, without notice to you. If any such changes are found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of
any remaining Terms and Policies.
YOUR CONTINUED SUBSCRIPTION AFTER WE CHANGE THE TERMS AND POLICIES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTION.
License and Access:
The PMP and the Site are the proprietary property of 168 Nail Supply. Subject to your compliance with these Terms and Policies, and your payment of any applicable fees.
168 Nail Supply grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the PMP.
This license does not include any resale or commercial use of the PMP. This license is subject to the Terms and Policies and excludes: (i) resale of the Site or Site Content, (ii) downloading, collecting, public display or
distribution of information, including but not limited to account information, product listings, pictures or descriptions for the benefit of another vendor or other third party, (iii) modifying or making any derivative uses of the Site, Site content, Site information, intellectual property, or any portion thereof, (iv) framing of any of the Site content; (v) use of any tools for data gathering or extraction, (vi) downloading of any portion of the Site not authorized or permitted, (vii) any action that involves transmitting viruses or other means designed to destroy or limit functionality
of any hardware, software or other equipment, (viii) any action that may damage the Site, and (ix) any use of the Site for reasons other than intended purpose.
Breach of these Terms and Policies may result in the immediate revocation of this license.
Representations:
As consideration for your subscription to the PMP, you represent and warrant that you have full power and authority agree to these Terms and Policies. Further, you represent and warrant the following (i) that you have not been suspended from use of the site and do not have more than
one account, (ii) that you provide accurate and complete registration information, (iii) that you will maintain the security of your account password and accept all risks of unauthorized access, (iv) that you will not misrepresent your identify, email address, or other information, (v) that you accept all responsibility for any activities that occur through unauthorized access to your account (vi) that you will notify 168 Nail Supply if you suspect any security breaches, and (vii)
that you are legally authorized to subscribe with 168 Nail Supply and are not a person or entity restricted from receiving goods or services by any United States restricted party list or other jurisdictions laws or regulations.
Product Descriptions:
168 Nail Supply attempts to be as accurate as possible. However, 168 Nail Supply does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by 168 Nail Supply is not as described, your sole remedy is to return it in unused condition.
Pricing:
With respect to items sold by 168 Nail Supply, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items may be mispriced. If the correct price of an item sold by 168 Nail Supply is higher than our stated price, we will, at our discretion,
either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Electronic Communications:
When you use the PMP, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Limitation of Liability:
IN NO EVENT SHALL 168 NAIL SUPPLY AND ITS RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AGENTS, SUBSIDIARIES, VENDORS, DISTRIBUTERS, REPRESENTATIVES, MANUFACTURERS CONTRACTORS AND PARTNERS BE LIABILE FOR ANY DIRECT INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR ANY OTHER LOSS, WHETHER IN AN ACTION IN CONTRACT, TORT, WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF THE PMP, OR THE INABILITY TO USE THE PMP, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE YOU ON ANY INFORMATION ON THE SITE OR THAT
RESULTS FROM ERRORS, MISTAKES, OMISSIONS, DEFECTS, VIRUSES, DELAYS, DELETION OF EMAIL OR REGISTRATION INFORMATION, LOSS OF DATA, FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, THEFT,
DESTRUCTION, UNAUTHORIZED ACCESS TO ACCOUNT INFORMATION OR RECORDS, COMMUNICATION FAILURE, DESTRUCTION OR OTHER MEANS. IN ADDITION TO ANY
OTHER APPLICABLE LIMITATIONS AND EXCLUSIONS, 168 NAIL SUPPLY’S LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST SUBSCRIPTION FEE YOU PAID. THIS LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW
AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR PMP SUBSCRIPTION.
Indemnification:
By using the PMP, you agree to defend, indemnify and hold harmless 168 Nail Supply and its respective shareholders, directors, officers, employees, successors, agents, subsidiaries, vendors, distributors, representatives, manufacturers contractors and partners from and against
any and all costs, losses, expenses, claims, damages, attorney’s fees resulting from, directly or indirectly, or related to your use of the PMP, or that arise as a result of your breach of the Terms and Policies.
No Special or Consequential Damages:
IN NO EVENT SHALL 168 NAIL SUPPLY OR ITS ND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS, AGENTS, SUBSIDIARIES, VENDORS, DISTRIBUTERS, REPRESENTATIVES, MANUFACTURERS
CONTRACTORS AND PARTNERS BE LIABILE FOR ANY DIRECT INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS
OF USE, OR ANY OTHER LOSS, WHETHER IN AN ACTION IN CONTRACT, TORT, WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF 168 NAIL SUPPLY, OR THE INABILITY TO USE 168 NAIL SUPPLY, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE YOU ON ANY INFORMATION ON THE SITE OR OBTAINED FROM 168 NAIL SUPPLY, OR THAT RESULTS FROM ERRORS, MISTAKES, OMISSIONS, DEFECTS, VIRUSES, DELAYS, DELETION OF EMAIL OR REGISTRATION INFORMATION, LOSS OF DATA, FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO ACCOUNT INFORMATION OR RECORDS, COMMUNICATION FAILURE, DESTRUCTION OR OTHER MEANS. IN NO EVENT SHALL NAIL SUPPLY’S AGGREGATE LIABILITY AND THE AGGREGATE LIABILITY OF ALL PARENTS, SUBSIDIARIES, DIVISIONS, AFFILIATES, SUCCESSORS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUCCESSORS,
AGENTS, SUBSIDIARIES, VENDORS, DISTRIBUTERS, REPRESENTATIVES, MANUFACTURERS CONTRACTORS AND PARTNERS WHETHER IN CONTRACT, TORT, WARRANT, PRODUCT LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY, ARISING
OUT OF OR RELATING TO USE OF OR INABILITY TO USE 168 NAIL SUPPLY EXCEED ANY COMPENSATION PAID, IF ANY, BY YOU TO 168 NAIL SUPPLY FOR USE OF THE SITE OR PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Applicable Law:
By using the PMP or the Site, you agree that applicable federal law, and the laws of the State of Michigan, without regard to principles of conflict of laws, will govern these Terms and Policies and any dispute of any sort that might arise between you and 168 Nail Supply. Disputes:
Any dispute or claim relating in any way to these Terms, Policies and/or your use of the PMP will be adjudicated in the state courts of Oakland County, Michigan or the Federal courts in Wayne County, Michigan, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By consenting to 168 Nail Supply Inc.’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at www.168holdings.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement
Arbitration:
By using or purchasing 168 Nail Supply products or services, you agree that any controversy, claim, action, or dispute between you and 168 Nail Supply arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of 168 Nail Supply ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Warren, MI USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Michigan, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of 168 Nail Supply s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to [insert address]. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with 168 Nail Supply. You are responsible for ensuring 168 Nail Supply ’s receipt your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and 168 Nail Supply Inc. agree that you may bring or participate in Claims against 168 Nail Supply only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and168 Nail Supply agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
This Privacy Policy describes how portal.168holdings.com, member.168holdings.com, pos.168holdings.com (the “Sites” or “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Sites.
Contact
After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at info@168holdings.com or by mail using the details provided below:
29200 Dequindre Road, Ste. 1, Warren, MI 48092, United States
Collecting Personal Information
When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.
In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/us-maxim-nail-wholesale-nail-supply/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/us-maxim-nail-wholesale-nail-supply/privacy_policy).
We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program.
Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.
Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.
Minors
The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.
Sharing Personal Information
We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:
Behavioral Advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.
Using Personal Information
We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.
Selling Personal Information
Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).
Your rights
CCPA
If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.
If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.
Cookies
A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.
Do Not Track
Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.
Changes
We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.
Complaints
As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.
If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [Add contact information or website for the data protection authority in your jurisdiction. For example: https://ico.org.uk/make-a-complaint/]
By consenting to 168 Nail Supply’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at www.168holdings.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
Arbitration:
By using or purchasing [Brand] products or services, you agree that any controversy, claim, action, or dispute between you and[Brand] arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of[Brand] ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Warren, MI, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Michigan, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of 168 Nail Supply’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to info@168holdings.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with 168 Nail Supply. You are responsible for ensuring 168 Nail Supply’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
Class Action Waiver:
You and 168 Nail Supply agree that you may bring or participate in Claims against 168 Nail Supply only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and 168 Nail Supply agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.