Terms and Conditions

I. Introduction: Agreement Between You and NEUNAIL LLC

Welcome to the official website of NEUNAIL LLC, located at neunail.shop (hereinafter referred to as the “Site,” “Website,” “we,” “us,” or “our”). These Terms and Conditions of Use (“Terms”) constitute a legally binding agreement between you, the user (hereinafter “you,” “your,” or “Customer”), and NEUNAIL LLC, governing your access to and use of the Site, including any content, functionality, services, and products offered on or through the Site.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. By accessing, browsing, registering an account, or making a purchase on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety, as well as our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies referenced herein (collectively, the “Agreements”). If you do not agree to all of these Terms, you must not access or use the Site.

We reserve the right, at our sole discretion, to modify, amend, or replace these Terms at any time. The most current version will always be posted on this page with an updated “Last Revised” date. Your continued use of the Site following the posting of any changes constitutes your acceptance of those changes. It is your responsibility to review these Terms periodically for updates.

II. Website Access, Account Registration, and Security

A. Eligibility

By using this Site, you represent and warrant that you are:

  1. At least 18 years of age or the age of majority in your state or province of residence.

  2. Possessing the legal authority to create a binding legal obligation.

  3. Using the Site in compliance with all applicable local, state, national, and international laws and regulations.

B. Account Creation

To access certain features, such as saving preferences, viewing order history, or initiating returns, you may be required to register for an account. You agree to:

  • Provide accurate, current, and complete information during registration (“Registration Data”).

  • Maintain and promptly update your Registration Data to keep it accurate, current, and complete.

  • Maintain the confidentiality of your account password and are fully responsible for all activities that occur under your account.

  • Notify us immediately of any unauthorized use of your account or any other breach of security.

  • Ensure that you log out from your account at the end of each session, especially when using a shared computer.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

C. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local, or international law or regulation.

  • To impersonate or attempt to impersonate NEUNAIL LLC, a NEUNAIL employee, another user, or any other person or entity.

  • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm us or users of the Site, or expose them to liability.

  • To use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.

  • To attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of the Site.

III. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, product designs, logos, trademarks, service marks, and the design, selection, and arrangement thereof) are owned by NEUNAIL LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

A. Grant of Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

  • Access and use the Site for your personal, non-commercial use.

  • Make purchases of products for your personal use or for use in your professional business, but not for unauthorized resale or distribution.

This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

B. Trademarks

The NEUNAIL name, the NEUNAIL logo, and all related names, logos, product and service names, designs, and slogans are trademarks of NEUNAIL LLC or its affiliates or licensors. You must not use such marks without the prior written permission of NEUNAIL LLC. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

IV. Product Information, Pricing, and Purchases

A. Product Descriptions

We endeavor to display the colors, images, specifications, and descriptions of our products as accurately as possible. However, we cannot guarantee that your computer monitor’s display of any color will be accurate, or that product descriptions are entirely error-free, complete, or current. All products are subject to availability, and we reserve the right to discontinue any product at any time. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.

B. Pricing and Payment

All prices listed on the Site are in U.S. Dollars (USD) and are subject to change without notice. We are not responsible for typographical errors regarding price or any other matter. The total cost of your order will include the price of the products plus any applicable sales tax (for U.S. orders) and shipping charges, as detailed at checkout. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred.

By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us (or our third-party payment processor, Stripe) to charge your payment method for the total amount of your order (including any applicable taxes and shipping fees). If your payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled automatically.

C. Order Acceptance and Cancellation

Your placement of an order on the Site constitutes an offer to purchase. We reserve the right to accept or decline your order for any reason at any time prior to shipping. We may require additional verification or information before accepting any order. We will send you a confirmation email once your order is accepted, which forms the contract of sale. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You may cancel an order only if it has not yet been processed for shipping. Contact customer service immediately. If the order has entered the shipping process, you must follow our Refund and Return Policy after receiving the items.

V. Disclaimer of Warranties and Limitation of Liability

A. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEUNAIL LLC NOR ANY PERSON ASSOCIATED WITH NEUNAIL LLC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT.

TO THE FULLEST EXTENT PROVIDED BY LAW, NEUNAIL LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING STATUTORY CONSUMER RIGHTS.

B. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NEUNAIL LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NEUNAIL LLC AND ITS AFFILIATES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, PRODUCTS, OR SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID TO NEUNAIL LLC FOR THE PRODUCT OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VI. Indemnification

You agree to defend, indemnify, and hold harmless NEUNAIL LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

VII. User Contributions, Reviews, and Submissions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, review sections, and other interactive features that allow users to post, submit, publish, display, or transmit content or materials (“User Contributions”). All User Contributions must comply with our Content Standards.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, irrevocable, transferable, sublicensable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license granted above. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEUNAIL LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site. We have the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion.

VIII. Governing Law, Jurisdiction, and Dispute Resolution

A. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule.

B. Dispute Resolution – Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the purchase of products, shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Arbitration Process: The arbitration will be conducted by a single, neutral arbitrator and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by these Terms. The AAA’s rules are available at www.adr.org. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Waiver of Class Actions: YOU AND NEUNAIL LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and NEUNAIL LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

C. Jurisdiction for Legal Actions Not Subject to Arbitration

For any claims not subject to arbitration, or to enforce an arbitration award, you agree that any judicial proceeding will be brought in the federal or state courts located in Denver County, Colorado. You and NEUNAIL LLC irrevocably consent to the personal jurisdiction and venue of these courts.

IX. Miscellaneous Provisions

  • Entire Agreement: These Terms, our Privacy Policy, and other policies posted on the Site constitute the sole and entire agreement between you and NEUNAIL LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

  • Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  • Waiver: No waiver by NEUNAIL LLC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

  • Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”), including but not limited to acts of God, war, terrorism, embargoes, civil commotion, strikes, lock-outs, internet or utility failures, or pandemic.

  • Contact Information: Questions about these Terms should be sent to us at neunailart@gmail.com.

Last Revised: April 2024

By using neunail.shop, you acknowledge you have read, understood, and agreed to be bound by these Terms and Conditions.