Overview:

Welcome to Lacquerous LLC (here by referred to as "Lacquerous"). We are an online subscription service, providing our members with access to share/borrow/rent luxury nail lacquer ("nail polish") owned by Lacquerous. We've put together here some detailed terms and conditions. You should read and understand them as they govern your use of our service.

These Terms of Use are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Use when you have a question about the service or want to know how something works. We hope you enjoy your Lacquerous experience.

Acceptance of Terms of Use

These Terms of Use, which include our Website Policy govern your use of the Lacquerous service, including all features and functionalities, our website and user interfaces, and all product. By visiting or using the Lacquerous service and product, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Lacquerous service, including our website and user interfaces.

These Terms of Use govern your use of the Lacquerous service and you should read them carefully. The Lacquerous service is provided by Lacquerous LLC.

Changes to Terms of Use

Lacquerous reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and Website Policy, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on "Terms of Use" located at the bottom of the pages of the Lacquerous website. The most current version of the Terms of Use will supersede all previous versions.

How Our Service Works

Lacquerous is a nail polish monthly subscription service allowing its registered members with access to borrow and use nail polish in accordance with these Terms Of Use. The nail polish is manufactured and sold/given/donated to Lacquerous by third parties with no relation to the Lacquerous service. Lacquerous is not responsible for the product and members agree to indemnify Lacquerous on any and all product issues. Members share nail polish, as used by other members, at their own risk. Members understand that the nail polish is used by other members and agree to risks associated with sharing nail polish. Members also agree to comply with any terms, conditions, or policies that Lacquerous may provide to users from time to time on the site. The member agrees to a monthly fee for up to three (3) lacquers from the inventory available from Lacquerous at that time. It is up to the Member to ensure participation with the service and request nail lacquers every 30-35 days using the Lacquerous website. Member agrees to return the nail polish up to/within 45 days using the shipping instructions provided, or face possible additional fees and compensation for loss of product. However, we reserve the right to ask to require the return of any or all borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The current monthly borrowing rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Lacquerous makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. If you are unable to locate a confirmed delivery, you are required to contact Lacquerous immediately. Items are insured however if the return pre-paid label is not used, it is your responsibility to insure item.

Members agree to protect and store the nail polish so it's condition remains exactly as it was received. The normal usage amount, as determined by Lacquerous, is three (3) applications per bottle only. Lacquerous will, at its sole discretion, decide if the nail polish has been overused and may charge or terminate membership. If you return an item with damage, as determined by Lacquerous in its sole discretion, you agree that Lacquerous may charge your credit card and collect a replacement fee (at full retail value) for such an item. The item replacement fee varies depending on the specifics of item. Also this does not cover the theft or loss of an item and therefore you will be responsible for the full retail price of the time immediately. Rental fees will continue to accrue until the payment is received in full. Lacquerous reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have rented. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

Membership and Billing

You can find the specific details regarding your membership with Lacquerous at anytime by visiting our website and clicking on the "Your Account" link.

Billing: By starting your Lacquerous membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Lacquerous service and product to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Please note that prices and charges are subject to change with notice. However, Lacquerous will do it's best to contact customers if changes should arise. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "My Account" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan or incurred expenses due to untimely return of product and/or misuse of service and/or product, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. Lacquerous will do it's best to notify you of such charges and seek approval prior.
If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service during free trials; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. We may also periodically authorize your card in anticipation of membership or related charges. Membership fees and charges are fully earned upon payment. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. If Lacquerous does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize Lacquerous to charge outstanding fees and other amounts due us against any credit card you have on file with us. Lacquerous reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Lacquerous reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.

At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Account" link, available at the top of the pages of the Lacquerous website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership:
 Your Lacquerous membership, which may start with a free trial portion, will continue month- to-month unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method and all product must be returned and delivered to Lacquerous. We will bill the monthly membership fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.

Cancellation: You may cancel your Lacquerous membership at any time. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR NON-PARTICIPATON OR UNUSED SERVICE AND/OR PRODUCT. To cancel, visit our website and click on "My Account" page and follow the instructions for cancellation under the heading "Cancel Membership." All product must be returned prior to cancellation.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Becoming a Member and Obtaining an Account

Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site, and requesting your first set of three (3) lacquers, you give us permission to obtain credit information when necessary (if and when credit card abuse or fraud is suspected). You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.

Actual Damages, Liquidated Damages, Attorneys' Fees and Costs

Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Lacquerous (hereinafter, a "default"), you may be liable to Lacquerous for its ACTUAL DAMAGES, including but not limited to the then-current rental payment for each item until said item is received by Lacquerous in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 45 days after the date of default, then Lacquerous at its option may alternatively charge you the MSRP as maintained by Lacquerous for that item, plus 45 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If an item is not recovered, or if it is recovered in a damaged condition, then Lacquerous may charge you the MSRP as maintained by Lacquerous for said item, plus 45 days rent from the date of default.

Liquidated Damages- Lacquerous spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Lacquerous is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Lacquerous commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you.

Attorneys' Fees, Costs and Interest- If Lacquerous commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that Lacquerous will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum.

Reservation of Rights- Lacquerous expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.

Disclaimers of Warranties and Limitations on Liability

THE LACQUEROUS SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE LACQUEROUS SERVICE AND PRODUCTS OFFERED, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE OUR SERVICE, OUR WEBSITE AND PRODUCT. TO THE EXTENT ALLOWABLE BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND NON-INFRINGEMENT. We do not represent or guarantee that your use of the Lacquerous service and/or will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Lacquerous.

IN NO EVENT SHALL LACQUEROUS, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF LACQUEROUS PRODUCTS AND/OR SERVICE, OUR WEBSITE, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO LACQUEROUS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE LACQUEROUS SERVICE EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of product, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Limitations on Use

You must be 18 years of age or older to become a member of the Lacquerous service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member.

Gifts & Promotions

We may offer Gift Subscriptions for purchase. These Gift Subscriptions are sold on our website and are redeemable for the Lacquerous service for a set amount of time. We will automatically bill your Payment Method for any purchased Gift Subscriptions. The purchase of Gift Subscriptions is subject to the terms and conditions set forth on the Gift Subscription page, and the redemption of Gift Subscriptions is subject to the terms and conditions set forth on that page.

Shipping

Members will receive a pre-paid shipping label, tracking label and return address label. Members are responsible for keeping the original contents of the return shipping label and following the shipping guidelines as set forth on the website. If the label is lost, Members may be held responsible for the cost of shipping back to Lacquerous and insurance for the package. Member agrees to return the nail polish in the same condition it was sent, with the same packaging and labeling, as instructed by Lacquerous' shipping procedures. These packaging procedures follow IATA and DOT guidelines for "Dangerous Goods in Excepted Quantities". For any refunds/credits of any sort, please allow 7 business days after the item has arrived, in order for us to inspect and process.

Claims of Copyright Infringement

It is the policy of Lacquerous to respect the intellectual property rights of others. Lacquerous does not condone the unauthorized reproduction or distribution of nail lacquer. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Lacquerous service, please contact us immediately.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Now York, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Arbitration Agreement

You and Lacquerous agree that any dispute, claim or controversy arising out of or relating in any way to the Lacquerous service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Lacquerous are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Lacquerous membership.