TERMS & CONDITIONS
IMPORTANT NOTICE: THESE TERMS AND CONDITIONS AGREEMENT (“AGREEMENT”) CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY BECAUSE IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE BINDING INDIVIDUAL ARBITRATION SECTION BELOW.
Effective Date: This Agreement was last updated on March 12, 2018.
This Agreement sets forth the standards of use for the frenchiesnails.com website (the “Site”), and any Frenchies mobile software applications, including the Frenchies® Mobile Application (the “Application(s)”). This Agreement is intended to apply broadly and it governs any and all access and use of the Site and/or the Application(s), the information or content contained on the Site and/or the Application(s), and all aspects of the Services (defined below).
THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND GOVERNS YOUR ACCESS TO AND ALL USE OF THE SITE AND/OR THE APPLICATION(S) AND THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OR ALL OF THEM, AND ANY OF THE SERVICE(S) (DEFINED BELOW). BY ACCESSING OR USING THE SITE, THE APPLICATION(S) AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, AND/OR ANY SERVICE (DEFINED BELOW), YOU ARE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE, ANY OF THE APPLICATION(S) AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, AND/OR ANY SERVICE (DEFINED BELOW).
Certain features of the Site, Application(s) and/or Service(s) may be subject to additional terms that will be provided in connection with such features. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Site, the Application(s) and/or any Service (defined below) to which the additional terms apply. Use of the Site, Application(s) and/or the Service(s) is also governed by the Terms and Conditions of any Membership Agreement and /or Membership Terms and Conditions you may have entered with your independently owned and operated Frenchies® franchised location (each, a “Franchised Location and collectively, the “Franchised Locations”). Your continued use of the Site, Application(s) and/or the content or information contained on any one of them, and/or any Service (defined below) is an acknowledgement and acceptance that neither Frenchies, LLC, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of all of whom are third-party beneficiaries of the Agreement and are collectively referred to as the “Frenchies Entities”) is a party to any Membership Agreement and/or Membership Terms and Conditions you may enter with an independently owned and operated Frenchies® Franchised Location. Your continued use of the Site, the Application(s) and/or any Service (defined below) is an acknowledgement and acceptance by you that the Frenchies Entities are not responsible for any acts or omissions related in any way to your use of the Site, the Application(s), or any Service (defined below).
Frenchies, LLC reserves the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Site and/or any Application(s). Your continued use of the Site, any Application(s) and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. DESCRIPTION OF SERVICE(S)
Through the Site and/or the Application(s)(s), Frenchies, LLC is providing you with information about products and services offered Franchised Locations, including nail services, along with (a) in addition to the Site and the Application(s), software platforms and as applicable, social media platforms made available from time to time, (b) point-of-sale systems and databases and guest management platforms (c) the ability to schedule, modify, and/or cancel appointments with any Franchised Locations; (d) provide information to and complete forms with your Franchised Location regarding nail services; (e) enter into and use benefits under any member agreement entered into with your Franchised Location; (f) purchase and/or redeem gift cards at Franchised Locations; (e) purchase services or product at any Franchised Location as a guest; (g) view information about and find the Franchised Location nearest you; (h) request franchise information; (h) complete customer satisfaction surveys about any Franchised Location; (i) receive email notifications and notifications from other mediums (collectively, the “Service(s)”).
You must (1) provide all equipment necessary for accessing the Site and/or Mobile Application(s), (2) provide for your access to the Internet to use the Site and Mobile Application(s), and (3) pay any fees related with such Internet or equipment.
2. USE OF SITE, APPLICATION(S) AND SERVICE(S)
You may access and use the Site, Application(s) and Service(s) only for lawful purposes and only pursuant to this Agreement. Your right to access and use the Site, Application(s) and Service(s) is personal to you and is not transferable by you to any other person or entity. Unless explicitly permitted by us in writing, you may not assign, transfer, re-market, resell or otherwise dispose of, the Site, Application(s) and Service(s) without obtaining our prior written consent, which may be withheld in our sole discretion.
Your access and use of the Site, Application(s) and Service(s) may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of such the Site, Application or Service or other actions that we may, in our sole discretion, elect to take. From time to time, we may suspend or discontinue, or otherwise restrict access by any user to, any the Site, Application and /or Service or any portion or feature of any the Site, Application and /or Service at any time, in our sole discretion and without prior notice to you. We will not be liable if, for any reason, any the Site, Application and /or Service or any portion or feature of any Site, Application and /or Service is unavailable at any time or for any period.
We may cancel or modify any the Site, Application(s) and /or Service, including any purchases, gift cards, rewards points or other applicable items, if it appears that they are the result of fraudulent or inappropriate activity, or under other circumstances where it appears a mistake or error has occurred.
As a user of the Site, any Application(s) and /or Service(s), you will not attempt to or otherwise authorize, encourage or support a third party’s attempts to, do any of the following, as determined by us, in our sole discretion:
- violate any applicable law or regulation;
- upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- use it to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- interfere with or otherwise limit the use of the Site, Application(s) or Service(s) by other users; or collect, compile, or store personal information about other users of the Site, Application(s) or Service(s);
- disrupt or interfere with the operation of the Site, Application(s) or Service(s) by overloading or exceeding the capacity of this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites;
- disrupt or interfere with the security of, or otherwise cause harm to, the Site, Application(s) or Service(s) or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site, Application(s) or Service(s) or any affiliated or linked sites
- use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site, Application(s) or Service(s) or the content contained therein without Frenchies, LLC’s prior, express, and written permission; or
- use the Site, Application(s) or Service(s) for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through the Site, Application(s) or Service(s) (“User Content”). In addition to the rights granted to Frenchies, LLC elsewhere in this Agreement, you hereby grant Frenchies, LLC the irrevocable right to copy and use User Content in connection with the Site, Application(s) and Service(s) and for the purposes related to your Post of the User Content. Although Frenchie’s, LLC has no obligation to screen, edit or monitor any of the User Content or user conduct on the Site, Application(s) or Service(s), Frenchies, LLC reserves the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Site, Application(s) and Service(s) at any time and for any reason without notice. Your User Content may be available on the Site, Application(s) and/or Service(s) for a limited period of time, as determined by Frenchies, LLC in its sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE, THE APPLICATION(S), THE INFORMATION OR CONTENT CONTAINED ON ANY OF THEM AND/OR ANY SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, APPLICATIONS, AND ANY CONTENT OR INFORMATION PROVIDED BY ON ANY OF THEM AND/OR ANY SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE FRENCHIES ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND THE APPLICATIONS, THE INFORMATION CONTAINED ON ANY OF THEM AND/OR ANY SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE FRENCHIES ENTITIES DO NOT WARRANT THAT THE SITE, THE APPLICATIONS, ANY CONTENT PROVIDED BY ANY OF THEM AND/OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE AND/OR THE APPLICATION(S) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE, THE APPLICATIONS AND/OR THE INFORMATION CONTAINED ON ANY OF THEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FRENCHIES, LLC OR ITS AUTHORIZED REPRESENTATIVES OR ANY EMPLOYEE AT ANY FRANCHISED LOCATION WILL CREATE A WARRANTY.
THE FOREGOING EXCLUSIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE, THE APPLICATION(S) AND/OR THE INFORMATION AND CONTENT PROVIDED BY ANY OF THEM AND/OR ANY SERVICE(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.
4. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FRENCHIES ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE FRENCHIES ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE, THE APPLICATION(S) OR THE INFORMATION CONTAINED ON ANY OF THEM, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE FRENCHIES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Frenchies, LLC’s aggregate liability resulting from or relating to your use of this Site, the Application(s), or any Service, exceed Five Dollars ($5.00).
You agree to indemnify and hold the Frenchies Entities harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Site, the Application(s) and/or any information or content provided on any of them, any Service, any service or product provided by or purchased from a Franchised Location, the violation of this Agreement, using your equipment to access the Site and/or the Application(s), infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Site, the Application(s) and/or any Service.
6. BINDING INDIVIDUAL ARBITRATION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Last Update to Section 6: March 12, 2108
Agreement to Arbitrate
Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of this Agreement, your use of or access to the Site, Application(s), or any Service, or any products or services sold, offered or purchased on or through any Franchised Location, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided below, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this “Agreement to Arbitrate” section (this “Agreement to Arbitrate”).
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement, including any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) in Denver County, Colorado, under the AAA’s rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org.
Frenchies, LLC (also referred to in this Section 5 as “we” or “us”) and you will select the
arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator
within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Denver County, Colorado.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITE, APPLICATION(S), OR ANY SERVICE, YOU CONSENT TO THESE RESTRICTIONS.
Exclusions from Arbitration. YOU AND THE FRENCHIES ENTITIES AGREE THAT THE ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING THE INFRINGEMENT, PROTECTION OR VALIDITY OF YOUR OR FRENCHIES, LLC’S TRADE SECRETS, COPYRIGHT, TRADEMARK OR PATENT RIGHTS AND (2) CLAIMS YOU choose to pursue in small claims court where jurisdiction and venue over FRENCHIES, LLC and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to FRENCHIES, LLC at Frenchies, LLC, Attention: Vice President of Operations, 5931 Rain Dance Trail, Littleton, Colorado 80125 or email@example.com. The written notice must be postmarked or emailed within thirty (30) days of the later of the date noted in the “Last Update to Section 6” or your initial log in to the Site, or any of the Application(s). Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any Frenchies Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the Frenchies Entities also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Site, the Application(s) and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
NOTICE OF DISPUTE. IF YOU HAVE A DISPUTE WITH ANY FRENCHIES ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO FRENCHIES, LLC at Frenchies, LLC, Attention: Vice President of Operations, 5931 Rain Dance Trail, Littleton, Colorado 80125 or firstname.lastname@example.org TO GIVE THE FRENCHIES ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the Frenchies Entity with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or the Frenchies Entity with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section 6 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any Frenchies Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the Frenchies Entity with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section shall survive any termination of this Agreement or the provision of any Service to you.
7. GOVERNING LAW AND JURISDICTION
THE PARTIES AGREE THAT THE LAWS OF THE STATE OF COLORADO WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND ANY FRENCHIES ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED EXCLUSIVELY BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE DISTRICT COURTS OF COLORADO, COUNTY OF DENVER, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO.
8. MODIFICATIONS AND INTERRUPTION TO SERVICE
Frenchies, LLC reserves the right to modify or discontinue the Site, the Application(s) and/or any Service(s) at any time, with or without notice to you. The Frenchies Entities shall not be liable to you or any third party should Frenchies, LLC exercise its right to modify or discontinue the Site, the Application(s) and/or any Service. You acknowledge and accept that Frenchies, LLC does not guarantee continuous, uninterrupted or secure access to the Site and/or the Application(s) and operation of the Site and the Application(s) may be interfered with or adversely affected by numerous factors or circumstances outside of Frenchies, LLC’s control.
9. THIRD-PARTY SITES, MOBILE APPLICATIONS AND INFORMATION
10. SECURITY AND PASSWORD; CREDIT CARD INFORMATION
You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information.
Purchases on the Site: To purchase gift cards or other purchases on the Site, you will be required to enter your credit card information.
Appointment Reservations Using the Mobile Applications(s): To reserve appointments for nail services through the Site or Frenchies Mobile Application(s), you will be required to enter your credit card information, which is used by Franchised Location where you schedule your nail service or any other service. Payment is due at your Franchised Location upon completion of your appointment or pursuant to the terms of a Membership Agreement and / or Membership Terms or Conditions that you enter into with your Franchised Location. By scheduling an appointment through the Site or Application(s), you agree to the Cancellation Policy located on the Site. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Frenchies, LLC does not store your credit card information that is entered through the Site or Application(s), does not make any charge on your credit card and does not have any access to your credit card information.
In-Store Payments: Payments you make by credit card in-store are to a Franchised Location, not Frenchies, LLC. Frenchies, LLC does not receive any of your credit card information and does not make any charge on your credit card but will use commercially reasonable encryption methods to treat your credit card information in a secure manner.
You represent and warrant that your credit card information is true and that you are authorized to use the credit card.
11. DISCLAIMER REGARDING ACCURACY OF FRANCHISED LOCATION INFORMATION
Hours of operation, services provided, and other information have either been provided by the Franchised Locations or collected from publicly available sources. While Frenchies, LLC makes every effort to ensure that the information on the Site and the Application(s) is accurate, we make no representations or warranties as to the accuracy or reliability of any information on the Site and/or the Application(s).
12. COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site, the Application(s) or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on the Site and/or the Application(s), including site and application design, text, graphics, interfaces, and the selection and arrangements thereof is ©2018 Frenchies, LLC, with all rights reserved, and is the property of Frenchies, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Site and/or the Application(s), including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Frenchies, LLC is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Site, the Application(s) and/or any content or information contained on any of them without prior written permission of an authorized officer of Frenchies, LLC.
Frenchies®, Frenchies Nail Salons®, and frenchiesnails.com, are proprietary marks of Frenchies, LLC. Frenchies, LLC’s trademarks may not be used in connection with any product or service that is not provided by Frenchies, LLC or a Franchised Location, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Frenchies, LLC.
All other trademarks displayed in the Site and/or the Application(s), if any, are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Frenchies, LLC.
14. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Frenchies, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Attn: Vice President of Operations
By Mail: 861 Southpark Drive, Suite 400, Littleton, Colorado 80120
By Email: email@example.com
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Frenchies, LLC or a third party provider on the Site, Application(s), or in connection with any Service(s), by a Post or otherwise (collectively, “Submissions”), shall become Frenchies, LLC’s property; and you hereby transfer, sell, and assign to Frenchies, LLC all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Frenchies, LLC has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Frenchies, LLC shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
16. OTHER TERMS
OUR COMMITMENT TO ACCESSIBILITY
At Frenchies, we are committed to facilitating the accessibility and usability of our website, frenchiesnails.com, for all people. To that end, Frenchies is in the process of implementing functional improvements to frenchiesnails.com consistent with relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA”). You can find additional information about WCAG 2.0 AA here: https://www.w3.org/TR/WCAG20/.
CONTACT FRENCHIES WITH YOUR ACCESSIBILITY QUESTIONS
Please be aware that our efforts are ongoing. If you have specific questions or concerns about the accessibility of frenchiesnails.com, please contact us at firstname.lastname@example.org.