TERMS & CONDITIONS
ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEB SITE (“SITE”). USING OR ACCESSING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE OR ACCESS THIS SITE.

USE OF SITE AND MATERIALS
MiniLuxe, Inc. and its subsidiaries (“MiniLuxe”) authorize you to view, download e-mail and print the content, information, and creative materials at this Site (“Materials”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or copies of the Materials. You may not modify the Materials in any way or reproduce or publicly display, perform, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other Site or networked computer environment for any purpose is prohibited without the written consent of MiniLuxe. If you breach any of the Terms, your authorization to use this Site and the Materials automatically terminates and you must immediately destroy any downloaded or printed Materials. You acknowledge and agree that MiniLuxe does not guarantee that anything on this Site will be free of infection, viruses or other harmful or disruptive components. You agree not to do anything that interferes with the operation of this Site.
 
PAYMENT AND BILLING INFORMATION
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you authorize us to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.

PRICING AND AVAILABILITY
Prices do not include applicable taxes and other charges, unless we clearly state in writing that a price includes applicable taxes. All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order, reject all or any part of an order and discontinue our products without prior notice, even if you have already placed your order. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. In the event that a product you are interested in purchasing is not listed or is listed as "out of stock" on the Product’s information page, it is not currently available for ordering. Please check back at a later time as our product inventory is subject to change.

TAXES
You are responsible for any sales, duty or other governmental taxes or fees due with respect to your purchase of products. We will collect applicable sales tax if we determine that we have a duty to collect sales tax. We will present any taxes that we are required to collect at checkout, but note that actual taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates.
 

INTELLECTUAL PROPERTY – COPYRIGHT, TRADEMARK AND DISCLAIMER NOTICES
The contents of the Site, including the Materials and any text, design, graphics, names, logos, trade dress, audio clips, video, photographs, software, interfaces or code (the “Content”) and the selection and arrangements of the Content is the property of MiniLuxe, and is protected by state, federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. All trademarks, service marks and trade names are trademarks or registered trademarks of and are proprietary to MiniLuxe. Such trademarks and content may not be used except as provided in these Terms or in the text of the Site. No portion of the Content may be reprinted, republished, modified, transferred or distributed in any form without the express written permission of MiniLuxe. You may not reproduce, reverse engineer, decompile, modify, transmit, sell, distribute, license or create derivative works of the Content. Any unauthorized use of the Content is strictly prohibited and may violate applicable laws, including copyright law, trademark law, the laws of privacy and publicity, and communication regulations and statutes. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark, copyright or other intellectual property right of MiniLuxe. “MiniLuxe,” “MiniLuxe Nails Waxing Beauty” and the pinwheel logo are all registered trademarks of MiniLuxe, Inc.

USER SUBMISSIONS
Any Material, personal information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). MiniLuxe will have no obligations with respect to the Communications. MiniLuxe, and its designees, will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sound, text and other things embodied therein for any and all commercial or non-commercial purposes. Nothing restricts MiniLuxe from independently developing any idea, however similar to any Communications. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene or pornographic material, or any Material that would infringe the copyright or other intellectual property rights of another party if used without that party’s permission, or that includes software that contains a virus, defect or other harmful or other disruptive component. By transmitting any Communication to this Site, including but not limited to e-mail, web-based form submission, file uploads (including resumes) and Communications posted to chat rooms, bulletin boards or other user forums, you waive all right, title and interest, including all moral rights, or other similar rights, world-wide in those Communications and agree not to assert any claim of ownership in such Communications. MiniLuxe will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

LINKS TO OTHER SITES
Links to third party Sites on this Site are provided solely as a convenience to you. If you use these links, you may leave this Site. MiniLuxe does not endorse or make any representations or warranties about these Sites, or any information, software or other products, services or Materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Sites linked to this Site, you do this entirely at your own risk. MiniLuxe has no responsibility for the content of such sites and shall not be liable for any damages or injuries arising from such content.

DISCLAIMER; NO WARRANTIES
YOU ASSUME TOTAL RESPONSIBILITY AND RISK WHEN YOU USE OUR SITE AND THE INTERNET. THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MINILUXE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE MATERIALS, ANY SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET. MINILUXE MAY MAKE CHANGES TO THE MATERIALS OR TO THE PRODUCTS OR SERVICES DESCRIBED AT ANY TIME WITHOUT NOTICE. WE EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY
IN NO EVENT WILL MINILUXE AND ITS SUPPLIERS, AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, MULTIPLE, PUNITIVE OR OTHER DAMAGES WHATSOEVER, (INCLUDING, WITHOUT LIMITATION, LIABILITY FOR LOSS OF USE, DATA, REVENUE OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER FOR NEGLIGENCE OR GROSS NEGLIGENCE, WHETHER OR NOT REASONABLY FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless MiniLuxe from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties arising out of or resulting from your use of the Site (including the costs, expenses and attorneys fees on account thereof) whether based in contract or tort (including strict liability) or otherwise and regardless of the form of action.

POLICY REGARDING COPYRIGHT INFRINGEMENT AND DESIGNATION OF A COPYRIGHT AGENT
MiniLuxe’s policy regarding copyright infringement and MiniLuxe’s designated agents for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC section 512) are incorporated herein and follow below. MiniLuxe respects the intellectual property rights of others and requires those that visit our Site do the same. MiniLuxe may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site or its network that infringes the copyright rights of others. MiniLuxe also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our Site or users of our network repeatedly infringe others’ copyrights, we may in our sole discretion terminate those individuals’ rights to use our Site. If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify one of MiniLuxe’s copyright agents by written notice. The notice should include the following information: an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed; a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found; identification of the location on our Site of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed; your name, address, telephone number and email address; a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and a statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner’s behalf. MiniLuxe’ copyright agent for notice of claims of copyright infringement is Zachary Smith, who can be reached at the following:

By mail:
MiniLuxe, Inc.
One Faneuil Hall Square, Floor Seven
Boston, MA 02109

By email:
info@miniluxe.com

ACCEPTABLE AND LAWFUL USE OF SITE
You agree to comply with all applicable laws regarding use of the Site. Any information you provide to MiniLuxe in connection with the Site must comply with the following conditions and shall not create any liability for MiniLuxe or cause MiniLuxe to lose (in whole or in part) the services of its Internet Service Providers or other suppliers or vendors:
Content Objectionable or Offensive to Third Parties. You may not upload, download, post, distribute, or otherwise transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violative of others’ privacy rights, or otherwise objectionable.

Unlawful Content. You may not upload, download, post, distribute, or otherwise transmit any content that encourages or is in furtherance of an unlawful, criminal, or fraudulent activity.

Infringing Content. You may not upload, download, post, distribute, edit, modify or transmit any content that may infringe on any patent, trademark, trade secret, copyright, or other intellectual proprietary right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, or videos. By posting any content through this Site, you represent that you have legal rights to use, distribute, and publish such content.
 
Removal of Objectionable Content. While we do not monitor your use of our Site, we reserve the right to remove or delete any content that you upload, download, post, distribute, or otherwise transmit on our Site that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.
 
Entire Agreement, Updates and Modifications. These Terms and any referenced documents constitute the entire agreement between MiniLuxe and you pertaining to your use of the Site. MiniLuxe may amend these Terms or any other referenced documents at any time by posting the amended documents on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site means that you have accepted any modified Terms of Service. If you have any questions about these Terms, contact us at info@miniluxe.com.

APPLICABLE LAWS
This Site is administered by MiniLuxe from its offices in Needham, Massachusetts. MiniLuxe makes no representation that Materials at this Site are appropriate or available for use and access to them from territories where their content is illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, Canadian and U.S. export laws and regulations. If you choose to access this Site, you do so on your own initiative and are responsible for compliance with applicable local laws. All matters relating to access to, or use of, this Site shall be governed by the laws of the Commonwealth of Massachusetts and the United States. Any legal action or proceeding relating to access to, or use of, this Site or the information it contains shall be subject to the exclusive jurisdiction of the state and federal courts for Massachusetts. MiniLuxe and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

GENERAL
MiniLuxe uses reasonable efforts to ensure the accuracy, correctness and reliability of the Materials, but we make no representation or warranties as the accuracy, correctness or reliability of the Materials. Note: Anyone linking to MiniLuxe Site must comply with the Guidelines for Linking to MiniLuxe Site and all applicable laws.
 
MARKETING INFORMATION
If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandonment messages and/or other messages related to items added to your shopping cart. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, email customerservice@miniluxe.com. In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages. Neither we nor the wireless carriers (such as T-Mobile, Verizon, or AT&T) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures. By electing to receive Text Messages from us, you represent that you are the subscriber of the cell phone number provided and have full legal authority to consent to receiving Text Messages at the number provided sent through an automatic telephone dialing system.

PRODUCT AND SERVICES PRICING AND MODIFICATIONS
Prices for our products and services are subject to change at any time without notice. Some products may be available exclusively online.

LINKING TO MINILUXE

If you would like to link to MiniLuxe Web Site (“SITE”), please read and comply with the following guidelines:
A site that links to MiniLuxe Site:
May link to, but not replicate, copy, display, distribute or communicate to the public, or otherwise use MiniLuxe content.
Should not create a browser or border environment around MiniLuxe content.
Should not imply that MiniLuxe is endorsing it or its products and services.
Should not misrepresent its relationship with MiniLuxe.
Should not present false information about MiniLuxe products or services.
Should not use the MiniLuxe logo or any other trademark, name or logo of MiniLuxe (the “Trademarks”) without permission from MiniLuxe. Any use of Trademarks is subject to the terms and conditions set out by MiniLuxe.
MiniLuxe retains the right to require the linking party to terminate the link at its sole discretion.
Should not contain content that could be construed as distasteful, offensive, controversial, or unlawful and should contain only content that is appropriate for all age groups.

DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with MiniLuxe and limits the manner in which you can seek relief from us.

Except for any dispute arising out of or related to a violation of the above “Acceptable and Lawful Use of the Site” section or disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and MiniLuxe waive their rights to a jury trial and to have any dispute arising out of or related to these Terms and Conditions, our services or products purchased resolved in court. Instead, all disputes arising out of or to these Terms and Conditions, our services or products or services purchased through our site will be resolved through confidential binding arbitration held in Massachusetts before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.


You and MiniLuxe agree that any dispute arising out of or related to these Terms and Conditions, our services or products purchased through our site is personal to you and MiniLuxe and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and MiniLuxe further agree that any such disputes will also not be consolidated with any other proceedings that involve any claim or controversy of any other party.


You and MiniLuxe agree that these Terms and Conditions affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms and Conditions. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and MiniLuxe agree that the state or federal courts of the Commonwealth of Massachusetts and the United States sitting in Suffolk County have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.


Any claim you may have arising out of or related to these Terms and Conditions, our services or products or services purchased through our site must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and MiniLuxe will not have the right to assert the claim.


You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section by emailing us at info@miniluxe.com . In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this Section.

Revised November, 2022