Terms of Use

1. Additional Terms

Certain features, promotions, subscriptions, rewards programs, gift card programs, text messaging programs, contests, or special offers made available through our website may be subject to additional terms, guidelines, rules, or conditions. Those additional terms are incorporated into these Terms of Use by reference. If there is a direct conflict between these Terms of Use and specific additional terms for a particular service or feature, the additional terms will control only for that service or feature to the extent of the conflict.

2. Privacy Policy

Your use of this website is also subject to our Privacy Policy, which describes how we collect, use, disclose, and protect your information. By using this website, you acknowledge that you have reviewed our Privacy Policy and agree to our data practices as described there.

3. Site Access and Limited License

All content made available on this website, including text, graphics, logos, icons, product names, designs, images, videos, page layouts, software, code, downloads, compilations, and the arrangement of such material, is owned by or licensed to Keep It Classy Nails and is protected by United States and foreign intellectual property laws.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use this website for your personal, non-commercial use only. This license does not include any resale or commercial use of the site or its contents, any collection and use of product listings or pricing, any derivative use of the site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, scraping tools, or similar extraction methods.

You may not reproduce, duplicate, copy, sell, resell, visit, frame, mirror, republish, upload, post, transmit, modify, reverse engineer, or exploit any portion of the website or its content without our prior written permission. Any unauthorized use immediately terminates the permission or license granted by us.

4. Your Responsibilities

You are responsible for obtaining access to the website and for any fees charged by third parties in connection with that access, including internet service provider charges or mobile carrier fees. You are also responsible for ensuring that all persons who access the website through your device or internet connection are aware of these Terms of Use and comply with them.

You may not bypass or interfere with security features, access controls, or restrictions implemented on the website. You may not upload, post, or transmit any code, device, software, virus, worm, Trojan horse, or other harmful technology intended to disrupt or damage the site or the experience of other users.

5. Accounts and Submitted Information

If you create an account, subscribe, place an order, or otherwise submit information to us, you agree that all information you provide will be true, current, complete, and accurate. You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your account and devices. You accept responsibility for all activities that occur under your account or password.

We reserve the right to suspend, restrict, refuse, or terminate accounts, orders, or access to the website at our sole discretion, with or without notice, including where we suspect fraud, misuse, inaccurate information, policy abuse, unlawful activity, or conduct that may expose us or others to risk.

6. Content You Submit

You may be able to submit reviews, comments, photos, videos, suggestions, testimonials, ideas, questions, messages, or other content through the website or our related services. Any such material is referred to in these Terms as “User Content.”

By submitting User Content, you represent and warrant that:

• you own or control all rights necessary to submit that User Content;
• the User Content is accurate and not misleading;
• the User Content does not violate any law, regulation, or third-party right;
• the User Content does not infringe any copyright, trademark, privacy, publicity, trade secret, or other proprietary right;
• the User Content is not defamatory, obscene, threatening, abusive, harassing, fraudulent, or otherwise objectionable;
• the User Content does not contain malware, viruses, mass mailings, spam, solicitations, or political campaigning; and
• the User Content does not include sensitive personal information such as payment card data, government identifiers, or private third-party data unless we specifically request it.

By submitting User Content, you grant Keep It Classy Nails a non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and otherwise exploit that User Content in any media now known or later developed, for any lawful business purpose, including marketing, advertising, merchandising, website content, social media, and promotional materials.

We are not obligated to keep any User Content confidential, to compensate you for User Content, or to respond to User Content. We reserve the right, but not the obligation, to monitor, remove, edit, refuse, or take down User Content at any time and for any reason.

7. Product Information, Accuracy, and Availability

We attempt to ensure that product descriptions, prices, shades, imagery, stock information, promotional messaging, and other content on the site are accurate. However, we do not warrant that any description, image, review, pricing, promotion, availability statement, or other content is accurate, complete, reliable, current, or error-free.

Colors and finishes may appear differently depending on screen settings, device displays, lighting, and other variables. Product photographs and visuals are for general illustration and may not perfectly reflect actual size, scale, shape, finish, or packaging.

Reference to a product or service on the website does not guarantee that the product or service will be available at all times, available in all locations, or available for immediate shipment. We reserve the right to discontinue any product, revise product specifications, correct errors, update information, substitute packaging, or limit quantities at any time without prior notice.

8. Orders, Refusal of Service, and Pricing Errors

Your receipt of an order confirmation does not mean that we have accepted your order. We reserve the right to refuse, cancel, or limit any order at our sole discretion, including due to suspected fraud, suspicious billing or shipping activity, inventory shortages, suspected resale activity, incorrect pricing, website errors, abuse of promotions, or suspected violation of these Terms.

We may limit or prohibit orders that appear to be placed by dealers, resellers, distributors, or parties seeking to exploit promotions. If we change or cancel an order, we may attempt to notify you using the contact information provided at the time the order was made.

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technical issue, system malfunction, or supplier information error, we have the right to refuse or cancel any orders placed for that product or service, whether or not the order has been confirmed and whether or not payment has been processed. If payment has already been processed and your order is canceled, we will issue a refund in the amount charged.

9. Shipping, Delivery, and Risk of Loss

Shipping and delivery dates are estimates only and are not guaranteed. Delays may occur due to carrier issues, weather, customs processing, demand spikes, inaccurate address information, or other circumstances beyond our control.

Risk of loss and title for products pass to you upon our delivery of the order to the carrier, unless otherwise required by applicable law. We are not responsible for lost, stolen, delayed, misdelivered, or damaged shipments after they are transferred to the carrier, though we may, in our discretion, assist you in making a carrier claim.

You are responsible for providing a complete and accurate shipping address. We are not responsible for failed deliveries, delays, losses, or additional costs resulting from incorrect or incomplete address information provided by you.

10. Returns, Refunds, and Chargebacks

Our return, exchange, and refund practices are governed by any posted Shipping Policy, Returns Policy, or Refund Policy on our website, which may be updated from time to time. Because beauty and nail-related products may involve hygiene, sanitation, safety, and tampering concerns, certain products may be final sale unless otherwise expressly stated.

If you receive an item that is damaged, defective, or incorrect, you must contact us promptly at info@keepitclassynails.com and provide sufficient information for us to review the claim. We reserve the right to require photographs, packaging information, proof of purchase, and return of the item where appropriate before issuing any replacement, store credit, or refund.

Filing a false, abusive, or fraudulent chargeback or payment dispute may result in cancellation of pending orders, refusal of future service, account restriction, and submission of supporting evidence to your payment provider or card issuer.

11. Promotional Offers, Discounts, and Rewards

Promotions, discount codes, bundles, gifts with purchase, loyalty offers, referral programs, and rewards are subject to availability and may be modified, suspended, limited, or terminated at any time without notice. Unless expressly stated otherwise, promotions cannot be combined, have no cash value, and are void where prohibited.

We reserve the right to cancel promotional benefits, adjust orders, revoke rewards, or refuse redemption where we believe a promotion was used in error, abused, exploited, or obtained through fraudulent or prohibited conduct.

12. Text and Marketing Notifications

If you opt in to receive SMS or text message communications from Keep It Classy Nails, you agree to receive recurring text notifications, transactional messages, order-related messages, cart reminder messages, promotional texts, and review requests, even if your mobile number is listed on a state or federal do-not-call registry. Consent to receive text messages is not a condition of purchase.

Message frequency may vary. Message and data rates may apply depending on your wireless carrier plan. To stop receiving text messages, reply STOP to any message you receive from us. For support, reply HELP or contact us at info@keepitclassynails.com.

We may use cookies, web tools, or related technologies to identify when a cart has been abandoned and when reminder messages may be appropriate, subject to applicable law and our Privacy Policy. Opt-in data and consent for text messaging will not be shared with third parties except as necessary to operate our messaging services through service providers and messaging partners.

We are not responsible for delayed, failed, or misdirected message delivery, carrier restrictions, device compatibility issues, or actions you take or do not take in reliance on text messages.

13. Site Disruptions and Availability

We do not warrant that the website, any feature, any page, any product listing, or any service available through the site will be uninterrupted, secure, timely, or error-free. Temporary interruptions, bugs, outages, compatibility issues, maintenance periods, and technical disruptions may occur.

We reserve the right to modify, suspend, withdraw, discontinue, or restrict access to all or any part of the website at any time without notice.

14. Trademarks and Intellectual Property Rights

Keep It Classy Nails, our logos, brand names, product names, slogans, design marks, graphics, trade dress, and related brand elements are trademarks, service marks, trade names, or other proprietary material owned by us or our licensors. All other marks appearing on the site remain the property of their respective owners.

You may not use, reproduce, display, imitate, frame, register, or otherwise exploit any of our trademarks, service marks, names, designs, or branding elements in any manner, including in meta tags, hidden text, advertising, social media, domain names, marketplace listings, or search campaigns, without our prior written consent.

15. Copyright Complaints and DMCA Notices

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement where appropriate. If you believe that material on our website infringes your copyright, you may send us a written notice containing sufficient detail for us to review the claim, including your contact information, identification of the copyrighted work claimed to be infringed, identification of the allegedly infringing material, and a statement that you have a good faith belief that the use is unauthorized and that your notice is accurate.

Notices may be sent to info@keepitclassynails.com. We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.

16. Disclaimer of Warranties

This website and all products, services, content, features, and materials made available through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Keep It Classy Nails disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and freedom from viruses or harmful components.

We do not warrant that the website will operate without interruption or error, that defects will be corrected, that the site or its servers are free from harmful components, or that the use of the site or products will meet your expectations or achieve any specific result.

17. Limitation of Liability

To the fullest extent permitted by applicable law, Keep It Classy Nails and its affiliates, officers, directors, employees, agents, contractors, licensors, suppliers, service providers, successors, and assigns will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of, or inability to use, the website, products, services, content, or materials, even if advised of the possibility of such damages.

Without limiting the foregoing, we are not liable for damages relating to lost profits, lost business, loss of goodwill, loss of data, service interruptions, device damage, account compromise, carrier delays, shipment loss after transfer to the carrier, promotional errors, pricing errors, or unauthorized access to your account resulting from your failure to maintain account security.

If, notwithstanding the foregoing, we are found liable for any claim, our total aggregate liability to you for all damages, losses, and causes of action shall not exceed the greater of one hundred U.S. dollars (US $100) or the amount you paid to us for the specific product giving rise to the claim.

18. Indemnification

You agree to defend, indemnify, and hold harmless Keep It Classy Nails and its affiliates, officers, directors, employees, representatives, agents, licensors, suppliers, service providers, and successors from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your breach of these Terms of Use;
• your misuse of the website or any service;
• your User Content;
• your fraud, intentional misconduct, negligence, or violation of law; or
• your violation of the rights of any third party.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate fully with our defense of such claim.

19. Arbitration and Class Action Waiver

Please read this section carefully. It affects your legal rights.

Except where prohibited by law, any dispute, claim, controversy, or cause of action arising out of or relating to these Terms of Use, your use of the website, any order, any product, any communication from us, or any relationship between you and Keep It Classy Nails shall be resolved exclusively by binding individual arbitration and not in court.

Arbitration shall be administered by the American Arbitration Association under its applicable consumer rules, unless another administrator is required by law. The arbitration shall be heard by a single arbitrator. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision, except that a court of competent jurisdiction shall determine issues specifically reserved to courts by applicable law.

You and Keep It Classy Nails agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, coordinated, mass, or representative proceeding. The arbitrator may not consolidate claims of multiple persons and may not preside over any form of representative or class proceeding unless both parties expressly agree in writing.

If any part of this arbitration and class action waiver section is found unenforceable as to a particular claim or remedy, then that specific claim or remedy shall proceed in a court of competent jurisdiction located in Georgia, and the remainder of this section shall remain in full force to the fullest extent permitted by law.

20. Governing Law and Venue

These Terms of Use and any dispute arising from or related to your use of the website or purchase of products shall be governed by the laws of the State of Georgia and applicable federal law, without regard to conflict of law principles. Subject to the arbitration section above and where court proceedings are permitted, you agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in Georgia.

21. Gift Cards and Store Credit

If we offer gift cards, e-gift cards, or store credit, their use may be subject to additional posted terms. Unless otherwise required by law, gift cards and store credit are non-refundable, not redeemable for cash, and may not be used to purchase additional gift cards. We are not responsible for lost, stolen, deleted, misdelivered, or unauthorized use of gift card codes or store credit balances unless required by law.

We reserve the right to void, suspend, refuse, or cancel gift cards, redemptions, or store credit transactions where we suspect fraud, system abuse, unauthorized resale, or violation of these Terms.

22. Export, Compliance, and Lawful Use

You agree to comply with all applicable laws, regulations, rules, and ordinances in connection with your access to the website and your purchase or use of any product or service. You represent that you are not using the website or purchasing products in violation of any applicable trade, sanctions, customs, or export control law.

23. Severability and Entire Agreement

If any provision of these Terms of Use is found unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.

These Terms of Use, together with our Privacy Policy and any other posted policies or applicable additional terms, constitute the entire agreement between you and Keep It Classy Nails regarding your use of the website and supersede prior or contemporaneous communications, proposals, and understandings relating to that subject matter.

24. Changes to These Terms

We reserve the right to update, revise, modify, or replace these Terms of Use at any time in our sole discretion. Changes will be effective upon posting to the website unless otherwise stated. Your continued use of the website after any changes are posted constitutes your acceptance of the revised Terms.

25. Contact Us