Terms of Service – Universal Pro Nails

Terms of Service

Universal Pro Nails Terms & Conditions

Please read the following terms carefully, as they contain important information.  By using our website or purchasing goods or services from Universal Pro Nails (“Universal Pro Nails”), you agree to be bound by these terms.



Our terms and conditions are set out below and throughout our website and printed material.  These include policies set out in our Educational Statement, Return Policy, and elsewhere on the website and in printed material.  If you use any part of our Web or Mobile Sites or purchase goods and services from us, you agree to these Terms and Conditions.  If you do not want to agree to these Conditions, please do not use our Website or purchase goods and services from us. 


Changes to Terms and Conditions:

We reserve the right, in our sole discretion, to modify, alter or otherwise update our Terms and Conditions or any of our Policies at any time for any reason, and by visiting or using our Website or purchasing Goods and Services from us after the posting of a modification, you accept that modification.  Any changes will be effective only after the effective date of the change. 


Our Content/Intellectual Property (IP):

You acknowledge that Universal Pro Nails, our affiliates, suppliers, and service providers own all of the Intellectual Property, including text, graphic, logos, images, video clips, trade and service marks, software, and other materials on our Website and in our printed material.  You may not, without our express written permission, distribute, transmit, store, or use such IP in any manner.


Product Availability:

Prices and availability of products and services are subject to change without notice and are not guaranteed.  In the event we make an error regarding a product, service or pricing, we reserve the right to retract any offer and correct any inaccuracies.  This applies even if an order has been placed and paid for.  We have the right to reject any order at any time without reason.  In the event we retract or reject any order, we will promptly advise you. 


Product Images and Colors:

We have made every effort to display product images that appear on the Website as accurately as possible; however, we cannot guarantee that your computer monitor, display settings, or browser configuration will display product images or render the colors within such images correctly, and we will not be liable for any such inaccurate display or presentation.


Submitting a Review:

If you participate in any surveys, provide feedback via a post or comment, or submit a review on or through our Website, such feedback is deemed to be non-confidential, and you agree to grant us permission, irrevocably and free of charge, to use your feedback in any way we want on any site or media worldwide.  We reserve the right to post, not post, modify, or remove any user content for any reason or no reason at all.

When providing content, you recognize that you are participating in a public forum, and we ask that you carefully consider any content that you post on our Website.  By posting content, you agree to comply with all of our terms, conditions, and policies, including the following:  (1) your content is either your original work or you have express permission to use it – your content cannot infringe on anyone’s IP or proprietary rights;  (2) your content is not defamatory, unlawful, abusive, obscene, offensive, hateful, inflammatory, discriminatory, or makes health claims;  (3) your content does not contain harmful content including viruses, worms, malware, any form of mass-mailing or spam, or any other programs that may damage or are capable of damaging or affecting any system, software, site or data;  (4) your content cannot contain commercial web or email addresses, promotional or advertising material of any kind, or HTML tags.

If you do not agree to these terms, please do not provide any content to our Website.


Online Security and Privacy:

Universal Pro Nails has a separate Privacy Policy that you can and should read at the following link: Privacy Policy


Third Party Sites:

Our Website may include links to other Internet sites owned or maintained by third parties ("Third Party Site").  We provide links to these Third Party Sites as a convenience to you, and the existence of any links to any Third Party Sites does not in any way imply our control, endorsement, or warranty of or assumption of liability for such Third Party Sites.



Tampering with this Website, misrepresenting the identity of a user, circumventing, disabling or otherwise interfering with security features, interfering with or disturbing related networks, hardware & databases, or conducting fraudulent activities on this Site is prohibited. 



For most all products that Universal Pro Nails sells, Universal Pro Nails, its suppliers, vendors, and manufacturers have established Minimum Advertised Prices (MAP) and limit where and how you may resell the products that you purchase from Universal Pro Nails.  You agree to strictly adhere to all MAP lists, and unless otherwise authorized by Universal Pro Nails in writing, you agree to only resell Universal Nail Pros products on your own website and/or in your own retail locations.  Marketing and selling products that you purchase from Universal Pro Nails through other online sites is strictly prohibited without Universal Pro Nail's prior written consent, which consent Universal Pro Nails may withhold.


Breach of Terms and Conditions/Denial of Access:

We reserve the right to deny, terminate, or suspend your purchases of Universal Pro Nails good and services and access to our Website without notice if, in our sole discretion, for any reasons, including without limitation, you breach these terms and conditions.  In addition to denial of access, Universal Pro Nails reserves its rights to bring legal action, including an injunction, in the event you breach Universal Pro Nail’s terms, conditions, or policies.


Disclaimer of Liability; Indemnification:

Except as otherwise expressly provided, this site, all contents, and all products and services are provided on an “AS IS” basis.  We disclaim all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, or otherwise.  We do not warrant that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements.  We do not warrant or make any representations regarding the accuracy or reliability of information on this site.  Your use of the site is at your own risk.  Neither Universal Pro Nails nor its affiliated or related entities or its vendors or service providers shall be liable to any person or entity for any indirect loss, damages (whether actual, consequential, punitive, special, or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site.  We are not liable for any defamatory, offensive, or illegal conduct of any user.  If you are dissatisfied with the site or any materials on the site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the site.  You agree to indemnify, defend, and hold harmless Universal Pro Nails, its shareholders, officers, directors, employees, agents, distributors, vendors, and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting or arising out of your breach of this agreement.


No Substitute for Professional Judgment:

Universal Pro Nails does not endorse, approve, verify, support, or warrant the accuracy, dependability, validity, or reliability of user posted content, third-party content, or sites accessible on or through the Site, our educational materials or content, or any products or services sold on or through the Site.  All such content, material, information, or products are provided “AS IS” with no warranties express or implied, and is NO SUBSTITUTE for your knowledge, experience, education, due diligence, research, and professional judgment.  Although this Site is intended to be used by professionals, the Site and any health-related information, resources, or products are not intended and must not be taken as the rendering of medical, nursing, or professional health care advice or services, or the practice of medicine, nursing, or professional health care in any jurisdiction.  You should discuss the information provided and any products purchased with a physician, pharmacist, nurse, or other licensed health care professional.  Some products require a medical waiver to purchase, and you warrant that the information you supply to Universal Pro Nails for such waiver is true, correct, and accurate.  You should also check product information (including package inserts) regarding dosage, precautions, warnings, interactions, and contraindications before administering or using any device, drug, herb, vitamin, or supplement discussed on this Site.  You understand and agree that neither Universal Pro Nails nor its suppliers or vendors are responsible for any claim, loss, or damage directly or indirectly resulting from your use of this Site or the information or resources contained on or accessible through this Site.


Choice of Law:

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Virginia.  Any legal suit, action, or proceeding arising out of or based upon these terms, conditions, or policies may be instituted in the federal courts of the United States of America or the courts of the State of Virginia in each case located in the Town of Abingdon and County of Washington, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.  The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action, or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.


Force Majeure:

Universal Pro Nails will not be liable for any loss, damage, or penalty resulting from failure to perform or delay due to causes beyond the reasonable control of Universal Pro Nails, including, but not limited to, supplier delay, force majeure, act of God, labor unrest, flood, fire, explosion, earthquake, act of terrorism, or by excess demand for its products.  In any such event, the estimated delivery date will be deemed extended for a period equal to the delay. In no event will Universal Pro Nails be liable for costs of procurement of substitute products.


Compliance with Laws:

Customer will comply with all laws and regulations applicable to the use of all products delivered hereunder.


Entire Agreement:

These Terms and Conditions, all of our Policies, and any documents referred to in them constitute the entire agreement between the parties.  If any policy, condition, or term is held to be unenforceable, such holding shall in not invalidate any other provision hereof, and the remaining terms and conditions shall remain in full force and effect.  You hereby acknowledges that it has not entered into the agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.



The failure by Seller to enforce at any time any of the provisions of this contract or to exercise any election or option provided herein will not in any way be construed as a waiver of such provision.

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