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Terms & Conditions

 PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND, BY THE FOLLOWING TERMS.

THESE TERMS OF SERVICE INCLUDE (1) A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT DISPUTES TO BINDING ARBITRATION RATHER THAN IN COURT, AND (2) A CLASS WAIVER THAT REQUIRES DISPUTES BE DECIDED INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. SEE THE LAST SECTION IN THESE TERMS (AS INDICATED BY THE BOLDED HEADINGS).

What's in these terms?

These terms tell you the rules for using our website, www.glitterbels.com (Website).

Who we are and how to contact us

We are Glitterbels US Inc., a company incorporated in Delaware (“we”, “us”, “Glitterbels”).

We operate this Website. Whilst we do not knowingly make available or sell our products/services to consumers, we acknowledge that there may be occasions where consumers access this Website. As such, we have made a distinction between business users and consumer users under the sections headed ‘Our responsibility for loss or damage suffered by you’ and ‘Which country's laws apply to any disputes?’ below.

You can contact our customer service team at info@glitterbels.com or via live chat on our website. Alternatively, you may contact us by the completing the ‘Contact us’ form on this Website.

By using this Website, you accept these terms

By using this Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use this Website.

We recommend that you print a copy of these terms for future reference.

We may prevent or suspend your access to this Website if you do not comply with these terms or any applicable law.

The following additional terms may also apply to you:

We may make changes to these terms

We may amend these terms from time to time. Every time you wish to use this Website, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on UPDATE DATE 10/19/2023.

We may make changes to this Website

We may update and change this Website from time to time to reflect changes to our products/services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw this Website

This Website is made available free of charge.

We do not guarantee that this Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of this Website for business and operational reasons. Where possible, we will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access this Website through your internet connection are aware of these terms of use and other applicable terms and conditions and policies, and that they comply with them.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

This Website is only for users in the US

This Website is directed to people residing in the United States. We do not represent that content available on or through this Website is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details included within the ‘Who we are and how to contact us’ section above.

If you forget your password we will reset it upon your request and send it to the email address you specified when you registered. Simply contact us using the contact details included within the ‘Who we are and how to contact us’ section above.

If you would like to cancel your account, then please notify us using the contact details referred to above.

How you may use material on this Website

We are the owner or the licensee of all intellectual property rights in this Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Save as provided in this section, you are not permitted to use our trademarks and/or any other intellectual property rights without our approval.

You may print off one copy, and may download extracts, of any page(s) from this Website for your personal use or internal business use only and you may draw the attention of others to content posted on this Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on this Website must always be acknowledged.

You must not use any part of the content on this Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of this Website in breach of these terms of use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You agree not to adjust, try to circumvent or delete any notices contained on this Website or in the content published on this Website (including any intellectual property notices).

Do not rely on information on this Website

The content on this Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.

Although we make reasonable efforts to update the information on this Website, we make no representations, warranties or guarantees, whether express or implied, that the content on this Website is accurate, complete or up to date.

We are not responsible or liable for third party websites we link to

Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This Website may include information and materials posted by other users of this Website (for example, where our customers post reviews about our products). This information and these materials have not been verified or approved by us. The views expressed by other users on this Website do not represent our views or values.

If you wish to complain about content posted by other users, please contact us using the contact details included within the ‘Who we are and how to contact us’ section above.

Posting content to this Website

Whenever you make use of a feature that allows you to post content to this Website, you must comply with the content standards set out below.

We have the right to remove any posting you make on this Website if, in our opinion, your post does not comply with the content standards set out below. In addition, when we consider that a breach of the below content standards has occurred, we may take such action as we deem appropriate (including, but not limited to, permanent withdrawal of your right to use this Website).

A contribution to this Website must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in the United States and in any country from which it is posted.

A contribution to this Website must not:

  • Contain any advertising or promote any services or web links to other sites.
  • Give the impression that the contribution emanates from any director, employee, representative or affiliates of Nails By Annabel Limited, if this is not the case.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Impersonate any person, or misrepresent your identity or affiliation with any person.
  • Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
  • Promote any illegal activity.
  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be in contempt of court.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

 

Any content you post to this Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of this Website a limited licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted by you to this Website constitutes a violation of their intellectual property rights, or of their right to privacy.

Your liability to us

You agree to indemnify us and each of our subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, arising from:

  1. Your breach of these terms;
  2. Your violation of any law or the rights of a third party; or
  3. Your use of this Website.

You and each of Your successors, assigns, subsidiaries and affiliates, hereby unconditionally release and forever discharge us and each of its subsidiaries, affiliates, directors, officers, agents, partners, investors, employees, successors and assigns harmless from any and all complaints, claims, charges, damages, demands, suits, actions and causes of action, whether at law or in equity (including attorneys’ fees, costs and expenses), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Website.

 

Digital Millennium Copyright Act Notice

We respect the intellectual property rights of others. We may, in appropriate circumstances and at its sole discretion, terminate the access to the Website, or any other of ours services, to those who infringe the copyrights or intellectual property rights of others.

If you believe your work has been copied and is accessible at the Website, or other platforms operated by or for us, in a way that constitutes copyright infringement, or that the Website contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act (“DMCA”). Our agent for notice of claims of copyright infringement on or regarding the Website can be reached by mail at [ADDRESS], Attn:  Legal, with a copy by email to [EMAIL].

 

Your notice must satisfy the requirements of the DMCA and include the following information:

  1. Your name, mailing address, and email address; 
  2. A statement identifying the copyrighted material you claim is infringed, such as a URL linking to an authorized version of the copyrighted material; 
  3. A statement identifying where the allegedly infringing material is located, such as URL linking to the allegedly infringing material; 
  4. A statement that you have a good faith belief that the allegedly infringing material identified in section (2), above, is not authorized by the copyright owner, its agent, or the law; 
  5. A statement, made under penalty of perjury, that the information in this notice is accurate and that you are the owner of the copyrighted material or are authorized to act on behalf of the owner of the copyrighted material; and 
  6. An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our responsibility for loss or damage suffered by you

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY GLITTERBELS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SPECIFIED IN THESE TERMS.

GLITTERBELS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GLITTERBELS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GLITTERBELS DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE; ITS SERVERS; OR E-MAIL SENT FROM GLITTERBELS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

GLITTERBELS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. TO THE EXTENT THE FOREGOING IS DETERMINED NOT TO BE ENFORCEABLE, THEN GLITTERBELS’ MAXIMUM LIABILITY IT LIMITED TO THE LESSER OF ACTUAL DAMAGES OR ONE HUNDRED DOLLARS ($100).

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 MIGHT HAVE ADDITIONAL RIGHTS.

 

We are not responsible for viruses and you must not introduce them

We do not guarantee that this Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access this Website. You should use your own virus protection software.

You may only use this Website for lawful purposes.

You must not misuse this Website by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this Website, the server on which this Website is stored, or any server, computer or database connected to this Website. You may not conduct any data scrapping or similar activities on this Website or use any robot, spider, scraper, deep link or other automated or manual means to access the Website to or copy and/or redistribute any content, information or software on the Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Fraud and Abuse Act, as amended. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.

Rules about linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to this Website in any website that is not owned by you.

This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on this Website other than as expressly set out above, please contact us using the contact details included within the ‘Who we are and how to contact us’ section above.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by the state of Georgia, USA. Except as provided in the Arbitration Agreement, you and we both agree that the federal and state courts situated in Fulton County, Georgia, will have exclusive jurisdiction.

 

You must arbitrate disputes with us. You may not arbitrate or litigate as a group against us

Generally. Pursuant to this subsection and each following subsection (the “Arbitration Agreement”), and in the interest of resolving disputes between you and Glitterbels in the most expedient and cost-effective manner, you and Glitterbels agree that every dispute arising in connection with these Terms will be resolved by binding arbitration, to the fullest extent permitted by law. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GLITTERBELS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND THAT THIS AGREEMENT WILL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.

Exceptions. Despite the provisions of this Arbitration Agreement, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; (d) to file suit in a court of law to address an intellectual property infringement claim; or (e) file suit as a matter as a military service member to the extent specifically authorized by law.

Arbitrator. Any arbitration between you and Glitterbels will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Glitterbels at legal@funnelleasing.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by nationally recognized courier service or electronic mail (“Notice”). Glitterbels’s address for Notice is: 44 Liberty Industrial Parkway, McDnough, Georgia, 30253 or info@glitterbels.com. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Glitterbels may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Glitterbels must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Hearing Process, Fees. Any arbitration hearing will take place at a location to be agreed upon in Fulton County, Georgia, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Glitterbels for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. EXCEPT AS PROHIBITED BY LAW, YOU AND GLITTERBELS 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 Glitterbels 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.

Opt-out; Modifications to this Arbitration Provision. You may opt-out and not be bound by the provisions set forth in this Arbitration Agreement by sending written notice of your decision to opt-out to info@glitterbels.com or to the following U.S. mailing address: 44 Liberty Industrial Parkway, McDonough, Georgia, 30253 The notice must be sent to us within thirty (30) days of your first use of the Website or agreeing to these Terms of Service, whichever is earlier, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Arbitration Agreement. If Glitterbels makes any future change to this arbitration provision, other than a change to Glitterbels’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Glitterbels’s address for Notice, in which case your account with Glitterbels will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive. If you opt-out of these arbitration provisions, we also will not be bound by them, or if you reject any subsequent modifications, we will be bound by the same terms to which you are bound.

Enforceability. If Arbitration Agreement is found to be unenforceable or if the entirety of this Arbitration Agreement is found to be unenforceable, then the entirety of this Arbitration Agreement will be null and void.