Last Updated: December 4th, 2023
Thank you for visiting thenestnailspa.com. These Terms and Conditions of Use (“Terms of Use”) govern your use of our Site. You should read these Terms of Use carefully before using our site.
This website is owned, controlled, and operated by The Nest Nail Spa. The terms “we”, “us”, and “our” refer to The Nest Nail Spa. The term “Site” refers to thenestnailspa.com and any related booking apps, domains, or subdomains. The term “user,” “you” and “your” refers to any and all site visitors.
Your Acceptance of These Terms of Use
Use of this Site, including all information, products, and services presented by The Nest Nail Spa, is subject to the following terms of use. These Terms of Use apply to all users of the Site. By using this Site, you agree to comply with and be bound by these Terms of Use. These Terms of Use apply to all users of this Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By visiting our Site and/or purchasing our services, you agree to comply with and be bound by these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not agree to these Terms of Use, which contain liability limitations, you may not access or use this Site, use any of our services, or purchase any other service offered through the site.
Your Acceptance of Our Privacy Policy
By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent inconsistencies exist between these Terms of Use and our Privacy Policy, these Terms of Use control.
Your Consent to Other Agreements
When you sign up to use a special feature of this Site or to book particular services, you may be asked to agree to special terms governing your use of those special features. In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of the click-through agreement are different than the terms of these Terms of Use, the terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to the matters governed by the “click-through agreement.”
Children's Privacy
We are committed to protecting the privacy of children. This Site is not intended or designed to for children or minors under the age of 16. We do not collect personally identifiable information from any person we actually know is a child under the age of 16.
Ownership of this Site and Its Content
This Site, including all the software and code comprising or used to operate this Site, all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including any User-Generated Content and Feedback (“Content”), are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights therein are the property of The Nest Nail Spa or its licensors.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media. This is commonly known as “fair use.”
Fair use of our content still restricts those who want to reference it to reproduce no more than a headline and up to a couple of paragraphs or a summary of the story. We also request users provide a link to our website if reproducing or sharing our work under the “fair use” doctrine. The fair use rule generally does not entitle users to use an entire writing or photograph on their website or to present the content as their own. Doing so would violate our copyright and we will use all legal remedies available to address these infringements.
Responsibility for User-Generated Content Posted on or Through this Site
You are responsible for all text, photographs, images, illustrations, graphics, sounds, video and audio-video clips, and other content you may post using any account or social networking tools we may make available to you (“User-Generated Content” or “UGC”). UGC does not constitute “Feedback.” The term “Feedback” refers to the Content you post on or through this Site that is specifically about how we can improve this Site and the products and services we make available through this Site.
Under no circumstances will we be liable in any way for any UGC. This means that you, not The Nest Nail Spa, are entirely responsible for any and all UGC that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms of Use, an obligation of confidentiality, or the rights of others. If any part of the UGC you post is not your original work, it is your responsibility to obtain any necessary permission to post it.
Because we do not control any UGC posted on or through this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that UGC. You also agree and understand that by accessing this Site, you may encounter UGC that you may consider to be objectionable. We have no responsibility for any UGC, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any UGC posted, emailed, transmitted or otherwise made available on or through this Site. The UGC posted on or through this Site expresses the personal opinions of the individuals who posted it and does not necessarily reflect the views of The Nest Nail Spa or any person or entity associated with The Nest Nail Spa.
You Own User-Generated Content, But We May Use It.
You own the copyright in any original UGC you post. We do not claim any copyrights in UGC. However, by using this Site you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, fully transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain repurpose, and commercialize UGC you post in any and all means, method, or medium now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same.
This means that under this license, you have no further right to control how The Nest Nail Spa or its affiliates use the content you have provided, regardless of how The Nest Nail Spa chooses to use that content, in whatever form, in whatever medium, for whatever purpose, forever. You also grant us the right to use your name in connection with the reproduction or distribution of such material.
For this reason, we ask that you not post any UGC that you do not wish to license to us, including any photographs, videos, confidential information, or product ideas.
We may disclose and/or remove User-Generated Content.
The Nest Nail Spa has the right (but do not assume the obligation) to:
Restrictions on User-Generated Content
It is a condition of these Terms of Use that you do not upload, post, transmit or otherwise make available:
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the UGC and have the right to grant the license set forth in these Terms of Use; (ii) the UGC is accurate, and (iii) you have read and understood—and your UGC fully complies with—these Terms of Use and applicable laws and will not cause injury to any person or entity.
Removal of UGC
You can seek removal of objectionable UGC by contacting us using the information provided below. We will review all such requests and will remove UGC that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the UGC has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the UGC we remove from this Site may remain on back-up servers.
Your Feedback
Although we do not claim ownership of User-Generated Content you post using this Site, the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in such Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Trademarks
The Nest Nail Spa names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of The Nest Nail Spa. You are not authorized to display or use The Nest Nail Spa marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of The Nest Nail Spa marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Terms of Sale/Refund Policy
By purchasing products or booking services via the Site, which includes any third-party booking service, you agree to these Terms of Use and our Terms of Booking and Purchase. We reserve the right to refuse any order you place with us or terminate any service. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order or service, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. All payments made through this site and payments made via our third-party booking app are non-refundable and all sales are final. By making a purchase on this site or booking a service with us, you authorize The Nest Nail Spa to charge the credit card(s) used. We do not offer refunds for products, gift cards, or services and there are no exceptions to the refund policy.
Cancellation/No Show Policy
If you need to cancel your appointment, we require at least 24-hour notice. Any cancellation or reschedule made less than 24-hours before your scheduled service will result in a cancellation fee. The amount of the fee will be equal to 100% of the reserved services. If you are more than 15 minutes late for your service, we may not be able to accommodate you. In this case, the same cancellation fee will apply. Cancellation fees will be charged to your card on file.
Pricing and Services Subject to Change
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue our products or services (or any part or content thereof) without notice at any time. The Nest Nail Spa is not liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products or services.
Chargebacks
Generally, payment must be made in full before The Nest Nail Spa can render products and a credit card must be used to book services. By attempting a chargeback with your financial institution, either on purpose or by accident, you are expressly agreeing to pay the full cost of your original purchase or service, plus any fees or associated costs incurred by The Nest Nail Spa. We have the right to present these terms to your financial institution, any payment processing company, and/or investigating agency concerning the attempted chargeback or financial dispute. In the event we undertake any legal action to collect any unpaid amounts, we are entitled to all costs associated with such action, including but not limited to reasonable attorney's fees.
Promotions and Discounts.
We may offer promotions, limited time offers, bonuses, or discounts (“Promotions”) to potential customers from time-to-time via advertising and marketing. You are entitled to the Promotion offered at the time of purchase. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase or book a service. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products or booked a service prior to any associated Promotions, we are unable to honor the new offer.
Loyalty Program
We may offer a loyalty program. Loyalty points and other related benefits and services have no cash value and The Nest Nail Spa will not compensate or pay cash for any unused points. Loyalty points may not be sold or transferred. The Nest Nail Spa reserves the right, at our sole discretion, to terminate the loyalty program or to change the program rules or reward levels without prior notice at any time.
Gift Cards
Gift cards are not redeemable for cash unless the remaining balance is five dollars or less and the holder requests it.
Infringement and Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures
The Nest Nail Spa does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyright(s), or other intellectual property right, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately.
Your request must be in writing and must include:
Your request must be addressed as follows:
info@thenestnailspa.com, Copyright Agent, The Nest Nail Spa
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Your Obligations
In consideration of your use of this Site, you agree that to the extent you provide personal information to The Nest Nail Spa, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
To the extent you create an account through this Site, you understand and agree that any account you create, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password by you or by anyone else using your username and password, whether or not authorized by you. You agree to change your password immediately if you believe your password may have been compromised or used without authorization. You also agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password by contacting us using the information provided below. Until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
Disclaimers and Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE NEST NAIL SPA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NEST NAIL SPA, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
THE NEST NAIL SPA DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED THE NEST NAIL SPA SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF THE NEST NAIL SPA. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. IN SUCH CASE THE LIMITATIONS AND EXCLUSIONS SET OUT IN THESE TERMS OF USE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF SUCH APPLICABLE JURISDICTIONS. YOUR STATUTORY RIGHTS AS A CONSUMER, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS, AND WE DO NOT SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.
Limitation of Liability
The information contained on this Site, including on third-party booking apps and sites, may not be comprehensive and whilst we take all reasonable care to ensure that the information on this Site is accurate and up to date, the information has not been independently verified, and no representation or warranty, expressed or implied, is made as to its accuracy or completeness.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE SITE, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE SITE OR SUBMITTED BY YOU TO THE SITE; (B) YOUR INABILITY TO USE THE SITE; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE; (D) THE OFFERS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE SITE; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE SITE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION.
IN NO EVENT WILL THE NEST NAIL SPA’S LIABILITY IN CONNECTION WITH ANY PRODUCT, SERVICE, OR OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE PRODUCT OR SERVICE TO WHICH THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A PRODUCT OR SERVICE, $100.
THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY THE NEST NAIL SPA THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY. THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE NEST NAIL SPA WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE, OR LOSS OF GOODWILL.
If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of the released parties for liabilities that otherwise would have been limited shall not exceed ten dollars ($10.00).
This Site gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Testimonial Disclaimer.
Any testimonials or endorsements by clients or other customers are truthful statements by past or current clients and/or customers. The results obtained by these clients and/or customers are not necessarily typical. The Nest Nail Spa does not claim that they are typical results, as individual results may vary significantly. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Site or by The Nest Nail Spa.
Linked Sites
This Site may provide links to other websites operated by third parties, including to our booking website and booking apps. Links posted are provided only as a convenience. Because we have no control over linked third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. The links to these sites are for your convenience only, and you access them at your own risk. The Nest Nail Spa shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of the links, the linked sites, or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Nest Nail Spa welcomes links pointing to this site. You may establish a link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by The Nest Nail Spa or any group or individual affiliated with The Nest Nail Spa. You may not use on your site any logos, trademarks, service marks, or copyrighted materials appearing on this site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site the content or other materials on this site without prior written consent.
Sweepstakes and Promotion Rules
We may offer sweepstakes or other promotions from time to time (“Sweepstakes”). By entering into any The Nest Nail Spa Sweepstakes, you are agreeing to these Terms and Conditions. Prizes are not transferrable and have no cash value. NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site.
Force Majeure
Under no circumstances shall The Nest Nail Spa be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
Waiver
Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by The Nest Nail Spa of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.
Severability
If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
Governing Law, Jurisdiction and Venue
This site is created, operated, and controlled by The Nest Nail Spa from its offices within the State of Colorado, U.S.A. The Nest Nail Spa makes no representation that material on this site is appropriate or available for use in other locations.
These Terms of Use shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of Colorado, Jefferson County, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Use Outside of the United States
Except as expressly set forth in these Terms of Use (including the Privacy Policy), we expressly disclaim any representation or warranty that the Services comply with any or all applicable laws and regulations outside of the United States. If you use any of the Services outside of the United States, you acknowledge and agree that you are responsible for ensuring your use of our site or our Services is in full compliance with all applicable laws, regulations, and customs of the jurisdiction in which you are located.
Indemnification
You agree to indemnify and hold The Nest Nail Spa, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees (“Indemnified Parties”), harmless from and against any and all claims, damages, demands, liabilities, costs, or expenses, including reasonable attorney’s fees incurred in connection with any third-party claim brought or asserted against any of the Indemnified Parties: a) alleging facts or circumstances that would, if true, constitute a violation of any provision of these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising from your or a third party’s use or misuse of any product purchased by you on this Sites; (c) arising from or related to any other party’s access and use of the Services with your unique username, password or other appropriate security code (if such codes are required to access Services in the future); (d) arising from or related to our use of your User Content in the context of the Services; or (e) arising from, related to, or connected with your use or misuse of the Sites or Services. We reserve the right to defend any such claim at your sole cost and expense, and you agree to provide us with such reasonable cooperation and information as we may request. You may not settle any such claim without our express written consent.
These Terms of Use May Change
These Terms of Use are current as of the effective date set forth above. The Nest Nail Spa reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. If at any time you choose not to accept these Terms of Use, you should not use this Site.
Entire Agreement
These Terms of Use (together with our Privacy Policy and any Privacy Notices, Terms of Booking and Purchase, and/or other click-through with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and The Nest Nail Spa with respect to this Site and your use of this Site.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
Questions
If you have any questions about this Site or these Terms of Use, please contact us:
The Nest Nail Spa
180 South Union Blvd #106
Lakewood, CO 80228
info@thenestnailspa.com
720-524-4046
View our Privacy Policy HERE.
View our Terms of Booking and Purchase HERE.
Subscribe to our email newsletter and receive a discount sent directly to your inbox!
