This website is owned and operated by Glosslab LLC (“we”, “us”, “our”). These Terms of Service (the “Terms of Service”) contain the terms and provisions applicable to you, your access to and use of www.Glosslab.com (the “Site”) and products and services booked through the Site. Your use of this Site (and any other feature, content or application offered from time to time by the Site) is subject at all times to these Terms of Service (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Service carefully and contact us with any questions.
Please contact us at: firstname.lastname@example.org with any questions regarding these Terms of Service.
1. ACCEPTANCE OF TERMS OF SERVICE
By accessing this Site, you agree that you have read, understand and agree to be legally bound by the Terms of Service. If you do not agree to be bound by these Terms of Service, please do not access or use this Site. These Terms of Service may be modified, changed or altered by us at any time without prior notice. In agreeing to these Terms of Service, you are responsible for periodically checking for changes and/or updates to these Terms of Service. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Site. Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes. You may request a copy of these Terms of Service by emailing us at: email@example.com. In order to participate in certain Site services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Service. This Site is controlled and operated by Glosslab from the United States and is not intended to subject Glosslab to the laws or jurisdiction of any state, country, or territory other than that of the United States.
2. USE OF SITE
Use of and access to the Site is void where prohibited. By accessing and using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.
3. PERMITTED USES
This Site is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 13. The content and information posted on this Site are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Site is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. Material from this Site may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms of Service immediately and automatically terminates your right to use this Site and may subject you to legal liability. You agree not to use the Site for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Site. Appropriate legal action will be taken for any illegal or unauthorized use of the Site.
4. NO WARRANTY
Your use of the Site is at your sole risk. The content and information posted on the Site is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Site to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Site. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Site. We make no warranties or representations that your use of content and information posted on this Site will not infringe rights of third parties. You are not authorized to download any content from the Site. If you download any content from the Site, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.
5. LINKS TO THIRD PARTY SITES
The Site may provide you with links or other access to other Sites, services, products or content of third parties. We have no control over, nor do we endorse any, such Sites, services, products or content. You acknowledge and agree that you access such third-party Sites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend you read the privacy and Terms of Service policies of each third party’s Site that you access.
In no event will anything contained in these Terms of Service or any area of the Site be construed as a representation or guarantee with respect to any of the content. We do not guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Site by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any such content. Additionally, if you provide any content to us on or through the Site, we shall be free to use any ideas, concepts, know-how or techniques contained in such content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such content. We are under no obligation to screen or monitor content, but may review content from time to time at its sole discretion to review compliance with these Terms of Service. We will make all determinations as to what content is appropriate in our sole discretion. We may include, edit or remove any content at any time without notice.
8. TERMINATION OF ACCESS
In addition to any right or remedy that may be available to us under these Terms of Service or applicable law, we may suspend, limit or terminate your access to the Site, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.
This website contains trademarks, trade names, service marks, copyrights, and/or logos belonging to Glosslab. Such marks remain the property of Glosslab. You recognize and acknowledge the ownership of these marks and understand that you do not acquire, through use of this website, any right, title, or interest in the marks. You agree not to change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited.
You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Site in violation of these Terms of Service and/or arising from a breach of these Terms of Service (including, without limitation, any breach of your representations and warranties set forth herein).
In order to use certain features of the Services, you must create an account with us (your “Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the section entitled “Term and Termination.” You agree not to create an account or use our Services if you have been previously removed by us, or if you have been previously barred from any of the Services.
Account Responsibilities. You are solely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
12. PAYMENT TERMS
Booking Service Providers. You must provide us with a valid credit card (issued by Visa, MasterCard, American Express, or any other issuer accepted by our payment provider) (“Payment Provider”) as a condition to making an appointment for any of our Services.
Cancellation of Appointments. You may cancel any appointment in accordance with our cancellation policy. Appointments should be canceled at least 1 hour before the scheduled appointment time. Late cancellation, late rescheduling, and no-shows will be charged a fee of $25 per person. We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service. If you are more than 10 minutes late for an appointment, Glosslab cannot guarantee that it will be able to complete your service in the allotted time slot, but cannot offer any discount and the $25 late cancellation fee will be charged to your method of payment.
Payment Process. If you book any Service, you agree to pay the then-current applicable service charge and service fee (20%) listed in the Services or the website of our third-party booking agent (“Booking Agent”) as linked to from the Site or Application. We, or our booking agent, will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked or product ordered, and each time you book an appointment or order a product thereafter. Unless otherwise expressly set forth in this Agreement, all payments made to us are non-refundable, except in the event that we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
Membership. All memberships renew and are automatically charged on a recurring basis specific to the membership purchased. Once paid membership fees are non-refundable.
Purchasing Products. You may also purchase products through the website (“Products”). You may return Products for a full refund (less shipping costs) to the original form of payment within 30 days of the date of purchase by contacting firstname.lastname@example.org. If you have any other issues with your Product, please email us at email@example.com. Products are for personal use only and by ordering any Products through the website or in store you agree not to resell or distribute our Products. All features, content, specifications, products and prices of products described or depicted on this website are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only.
General Payment Terms. By providing us with your credit card number and associated payment information, you agree that GLOSSLAB is authorized to immediately invoice your Account for all fees and charges due and payable to us hereunder and that no additional notice or consent is required. You agree to immediately notify us of any change in your billing address or the credit card used for payment hereunder. We may change the pricing for Services, service fees, or Products (from time to time in our sole discretion) by updating the price list included on the Site and Application and without any additional notice to you, provided that any changes will not affect any items or services purchased prior to the notice.
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services and Products, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Unless otherwise expressly stated in additional terms we establish for a particular Promo Code, Promo Codes may only be used once per person, multiple Promo Codes cannot be used in a single transaction or appointment, and each Promo Code benefit may only be redeemed once per account. Only Promo Codes sent to you through our official communications channels are valid. You further agree: (i) to use Promo Codes only for their intended purpose, and in a lawful manner; (ii) you will not alter, duplicate, sell, transfer or redistribute Promo Codes in any manner (including, without limitation, by posting Promo Codes to a website or other public forum), unless expressly permitted by us; (iii) Promo Codes may be disabled by us at any time for any reason without liability to us; (iv) Promo Codes may only be used pursuant to this Agreement and any specific additional terms that we establish for a Promo Code; (v) Promo Codes have no cash value; and (vi) Promo Codes may expire prior to your use.
Reservation of Rights. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event we determine in our sole discretion that the use or redemption of the Promo Code in question, fraudulent, illegal, or in violation of the applicable Promo Code terms or the terms of this Agreement. Once you have redeemed a Promo Code or used any credit in your Account, no further promotional value adjustments or credits will be issued for any reason, including but not limited to, dissatisfaction with the Services.
Gift Cards. Gift cards cannot be transferred, exchanged, or resold and cannot be redeemed for cash (except where required by law). Our gift cards have no expiration date and no fees. Our gift cards are nonrefundable and cannot be replaced if lost or stolen. Our gift cards cannot be used towards membership.
General Payment Terms. Refunds can only be processed up to 180 days after payment.
These Terms of Service shall remain in full force and effect while you use the Site or are registered with the Site. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by these Terms of Service to the extent you continue to access the Site in any capacity.
15. USER DISPUTES
You are solely responsible for your interactions with other users of the Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
16. U.S. EXPORT CONTROLS
Software made available to you by the Site (the "Software") is subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
If one or more of the provisions contained in these Terms of Service are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these Terms of Service and the balance of these Terms of Service shall be enforceable.
18. WARRANTIES & LIMITATION OF LIABILITY
WE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove the Site for indefinite periods of time or cancel our Services at any time, without notice to you.
19. FORCE MAJEURE
Notwithstanding any other provision set forth in these Terms of Service, we shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that GLOSSLAB shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with the applicable law and regulatory requirements.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service and your account on the Site are personal to you and may not be transferred or assigned. These Terms of Service are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Site. Either we or you may demand that any dispute between us and you about or involving the Site must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York County, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service. Our performance under these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service is in derogation of our right to comply with government, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. These Terms of Service, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Site), constitutes the entire understanding between you and us.
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.
21. NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the website, please send an email to firstname.lastname@example.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
22. GLOSSLAB MEMBERSHIP & PACKAGE BILLING TERMS
Membership terms are specific to the type of membership purchased and terms may vary. Cancelation, freeze and payment policies below apply to all memberships.
All "Unlimited" memberships include unlimited manicures, pedicures, touch-ups, and gel removals. "Unlimited" also includes gel, long-lasting, and performance polish. "Unlimited" Memberships are non-transferable and can only be used by the member.
"Mini" Membership includes two mani or pedi services of any polish type, gel removals and an extra discount for additional services. This membership can only be purchased one time and is not available to all, nor it is purchasable online. Once canceled it cannot be purchased again.
Additional membership benefits included as perks may be listed on the website.
All Membership fees cannot be returned or used for other services regardless of usage. If payment does not process successfully, the membership will automatically become inactive until payment is made. Any lost time that results from payment processing failures will not be reimbursed or credited. Membership fees cannot be prorated.
All memberships activate on the day of their first appointment and auto renew based on the member’s billing cycle. The Unlimited Membership (Semi-Annual) is billed every 6 months. The Unlimited Membership (Quarterly) is billed every 3 months. The Unlimited Membership (Monthly) and The Mini Membership (Monthly) is billed every month. If members upgrade or downgrade their membership from one membership tier to another, their new membership will activate on their next billing date.
The Founding Membership activates the day of the member’s first appointment once the home location is open. Founding Members cannot use their membership at other locations before their home location opens which is the location where they purchased their membership. Because they prepay the first month, their second payment will be billed one month after their first appointment. The Founding Membership is not refundable.
Members may freeze their membership for a maximum of 3 months annually. To freeze the account, members must email email@example.com and complete the freeze form. The freeze will start on the next billing cycle. After the freeze, GLOSSLAB will resume membership charges. Freezes are not processed in store. Membership fees cannot be prorated based on freeze time.
Members may request to cancel their membership at any time by providing ten (10) days’ written notice to firstname.lastname@example.org. We will process the cancelation once the member cancelation form has been submitted. Cancelations are not processed in store. Membership fees paid will not be prorated based on the date of cancelation.
Canceling for Unlimited Membership (Semi-Annual) and Unlimited Membership (Quarterly) - If the member cancels at any time before their next bill, they will not be billed for remaining payments and their membership will be terminated on the last day before the next payment is to occur. Your Membership will not be refunded after cancelling.
Canceling for "Mini" Membership - If member cancels at any time before their next bill, they will keep their remaining credits and your Membership will not be refunded after cancelling.
GLOSSLAB automatically adds a 20% gratuity charge to your account for each service received instead of cash tipping. 100% of the gratuity charge goes to the nail technician that performs your service. Gratuity above the required 20% can be accepted.
GLOSSLAB collects sales tax on taxable credits, memberships, and other products. Prices shown do not reflect any federal, state, or local taxes. Taxes will be reflected during checkout based on the location and product.
Members will automatically be charged any bank fee imposed on GLOSSLAB, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reasons. If this occurs, GLOSSLAB retains the right to collect the current and past due balances in any month after the returned payment.
In the event that a Member initiates a credit card dispute that is subsequently resolved in GLOSSLAB’s favor, GLOSSLAB shall have the right to charge the Member or Participant up to $50 per occurrence. Members or Participants who dispute a valid charge for a late cancellation or no-show will be subject to this $50 fee.
GLOSSLAB reserves the right to cancel your membership at any time with immediate effect if you are found to be in breach of the terms of your membership. All Members are expected to treat our employees, other clients and visitors with the utmost respect and dignity while at our GLOSSLAB locations. Any breach of this policy may also cause a termination of your membership.
All Packages are non-transferable and non-refundable and will terminate after the specified amount of expiration time. Should you decide to cancel your package at any time before you have used all of your package credits, you'll be charged the full price for visits you've already used and issued a refund for any remaining balance due. New client offers and Intro offers (for example, Mani- Buy One, Get One and Gel Mani - Buy One, Get One) can only be used once per client.
To qualify for and receive any promotion and/or credit (collectively “Offer(s)”), you must meet the requirements indicated, as applicable, in the Offer. You must have a valid Glosslab account with a valid form of accepted payment on file to take advantage of an Offer.
For Offers available to new customers or new members only, as applicable, customers will be disqualified and will not be entitled to receive the Offer if GLOSSLABhas a record of their name, email, phone number, or credit card having been used for a prior Glosslab purchase of a product or service, or being linked to an existing active or inactive GLOSSLAB account or otherwise suspected of fraudulent activity.
Offers cannot be combined unless otherwise indicated. Terms of Offers are subject to change by GLOSSLAB at any time. We reserve the right to modify or cancel an Offer at any time. Offers shall be void where restricted or prohibited by law.