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PRODUCT:  Simply Pretty Nail Supply Inc. (known as "Simply Pretty") and its affiliates attempt to be as accurate as possible in describing all products available for sale and/or distribution by Simply Pretty. However, Simply Pretty does not warrant those product descriptions or other content of this site are accurate, complete, reliable, current, or error-free.

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Price and availability information provided on this website is subject to change without notice. All prices quoted are in your local currency.

This website and its contents are not to be construed as an offer to sell any product or service.

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Exclusion of warranties:  Simply Pretty makes no representation or warranty regarding the functionality, the good working order or condition of this website, its suitability for use, or that its use will be uninterrupted or error-free. Simply Pretty does not represent, warrant, or undertake that any errors on or relating to this website will be corrected, or that any server from which the website is operated is or will be free from viruses or other harmful components. All material or information on this website is provided to you "As is", "With all faults" and without warranties of any kind, whether express or implied. Simply Pretty and its licensors disclaim all warranties or conditions, written or oral, statutory, express or implied, including without limitation, warranties or conditions of merchantability, quality, durability, suitability, or fitness for a particular purpose. These exclusions are in addition to any specific exclusion otherwise provided in these terms and conditions. Because certain federal, state, or provincial laws do not permit the exclusion of certain warranties, these exclusions may not apply to you.

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Limitation of liability: Simply Pretty will not be liable for any damages, either direct or indirect, incidental, special or consequential, for the use of or inability to use material, products, or services of any kind, delay of or partial delivery, termination of rights or loss of profits, data, business or goodwill, whether on a contractual, tort or extracontractual basis or to provide indemnification or any other remedy to you or any third party. Your sole and exclusive remedy is to discontinue using and accessing this website. Because certain federal, state, or provincial laws do not allow the exclusion or limitation of certain damages, these exclusions may not apply to you.

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Copyrights and trademarks: The material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed, or modified, in whole or in part in any form whatsoever, including but not limited to text, audio, or video, without the prior written consent of Simply Pretty. Trademarks, logos, and service marks (collectively, "Marks") displayed on this website are registered or unregistered Marks of Simply Pretty or others, are the property of their respective owners, and may not be used without written permission of the owner of such Marks.  You may not use any meta tags or any other "hidden text" utilizing Simply Pretty name or trademarks without the express written consent of Simply Pretty. Any unauthorized use of this site and/or its contents terminates the permission or license granted by Simply Pretty.

​Viruses:  Simply Pretty does not represent or warrant that the information or material, including the downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses, or other harmful components, or that any such problems which are discovered will be corrected.

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Damages to others:  You agree not to introduce into or through this website any information or materials that may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in material or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offense or civil liability on the part of any person or entity.

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Rights:  All rights not expressly granted in these terms are reserved to Simply Pretty. Nothing contained in these terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright, patent, trademark, or other intellectual property right of Simply Pretty or any other person or entity.

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​Governing Law:  This site is controlled and operated by Simply Pretty and these terms, this website, any use of this website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws.

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​Arbitration:  Any dispute, difference, controversy or claim between us or by either of us against the other or the employees, agents, mandataries, officers, directors, successors, assigns or affiliates of the other, arising out of, relating to, or having any connection with, the present terms, this website, any use of this website and any transaction conducted on or from it (whether contractual or extra-contractual, in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future), including any question regarding negotiation, formation, existence, validity, performance, effects, interpretation, breach, resolution or annulment and further including the applicability or scope of this arbitration clause (including the National Arbitration Forum's Code of Procedure ) (hereinafter collectively referred to as "Claims" and each, individually, as a "Claim") shall be referred to and finally resolved by binding arbitration, to the exclusion of courts of law, before or under the rules of the National Arbitration Forum under the Code of Procedure then in effect and any specific procedures for the resolution of small claims and/or consumer disputes then in effect.  However, before you submit a Claim for arbitration, you must first contact our office to mitigate any damages and allow us to resolve the dispute.

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​Changes to terms/severability:  Simply Pretty may modify, alter or otherwise update the terms applicable to this website from time to time.

​Jurisdiction:  This website is controlled and operated by Simply Pretty from Ontario, Canada. Simply Pretty makes no representation that materials on the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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​Cookies:  We may use "cookies" to track your preferences and activities on the Simply Pretty website. Cookies are small data files transferred to your computer’s hard drive by a website. They keep a record of your preferences making your subsequent visits to the site more efficient. Cookies may store a variety of information, including, the number of times that you access a site, your registration information, and the number of times that you view a particular page or another item on the site. The use of cookies is a common practice adopted by most major sites to better serve their clients. Most browsers are designed to accept cookies, but they can be easily modified to block cookies; see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You can also opt out by using the following link: networkadvertising.org/choices/. You should note, however, that without cookies, some of the website’s functions will not be available, and the user will lose some of the benefits of the site.

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No waiver:  The failure of Simply Pretty to enforce any provisions of these terms or to respond to a breach by you or any third party of these terms shall not in any way waive the right of Simply Pretty to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

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Termination: Simply Pretty reserves the right, at its sole discretion, to terminate your access to all or any part of this site, with or without notice.

Payment terms:  Terms of payment shall be determined at Simply Pretty's sole discretion. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Simply Pretty.  Any payments made by credit card are subject to the approval of the financial institution that has issued the credit card.

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Product availability:  The availability of certain Products may be limited, and Products may not be available for immediate delivery. Simply Pretty may revise or cease to make available any Products at any time without prior notice. If Simply Pretty is unable to deliver you a Product ordered due to lack of availability, Simply Pretty will notify you via e-mail and your order will be automatically canceled concerning such unavailable Product, provided that Simply Pretty may, in its sole discretion, contact you to allow you to maintain your order subject to a revised delivery time if and when the Product becomes available.

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Shipping; taxes:  Simply Pretty will arrange for the shipping of the Product(s) ordered by you according to the delivery method you have chosen and to the address indicated in the Order Confirmation. Delivery times provided by Simply Pretty are estimates only. Simply Pretty shall not be responsible for any damages or costs resulting from any delivery delays. Tax charges are calculated based on the shipping and/or delivery address associated with your order. Sales tax will also be applied to the shipping and handling charges. Additional governmental taxes may be applied by individual countries and their tax policies.  If you have any questions about the sales taxes on your order, or whether taxes apply to your shipping and handling charges, please contact us.

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Ownership; risk of loss:  All Product(s) purchased from Simply Pretty are delivered to you by a third-party delivery company, under a shipping contract. Since the actual delivery of your order can be impacted by many events beyond Simply Pretty control once it leaves our facilities, Simply Pretty cannot be held liable for late deliveries. Simply Pretty will, however, work with you to ensure a smooth delivery.

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Exclusion of warranties and limitation of liability:  Except as expressly provided for in this agreement, Simply Pretty does not make or give any representation, warranty, or condition of any kind, whether express or implied, statutory or otherwise, including without limitation warranties as to uninterrupted or error-free transactions, privacy, security, merchantability, quality, title, durability, suitability, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade. In no event will Simply Pretty be liable for any indirect, incidental, or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use, or lack of availability of facilities including computer resources, routers, and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products provided by Simply Pretty or otherwise related to this agreement or the transactions conducted on or from this website, even if Simply Pretty or any of their lawful agents, contractors, employees or mandataries have been advised of the possibility of such damages or claim. In no case will Simply Pretty's total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence, or otherwise) be for more than the amount paid by you for the specific products ordered under this agreement and to which the claim relates. In no event will Simply Pretty be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of transmission errors or problems, telecommunications service providers, Simply Pretty contractors, the internet backbone, third-party suppliers of products or services, damages or losses caused by you, or your respective employees, agents, mandataries or subcontractors, or other events beyond the reasonable control of Simply Pretty.

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Export laws:  Products sold or delivered under this Agreement shall be subject to export control laws and regulations of Canada. You agree to comply at all times with all such laws and regulations. You will defend and hold Simply Pretty harmless against all claims, damages, or liability resulting from a breach of the foregoing.

Enurement:  This Agreement shall inure to the benefit of and be binding upon each of the parties hereto and their respective successors and permitted assigns.

No waiver:  The failure of Simply Pretty to enforce any provision of this Agreement or to respond to a breach by you or any third party of this Agreement shall not in any way waive the right of Simply Pretty to subsequently enforce any of the terms and conditions contained herein or to act with respect to similar breaches.

 

ONLINE STORE TERMS:  By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  You must not transmit any worms or viruses or any code of a destructive nature.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

ERRORS, INACCURACIES, AND OMISSIONS:  Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).  We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:  We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.  You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.  In no case shall SIMPLY PRETTY NAIL SUPPLY INC., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. 

INDEMNIFICATION:  You agree to indemnify, defend and hold harmless SIMPLY PRETTY NAIL SUPPLY INC. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. 

SEVERABILITY: If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions. 

ENTIRE AGREEMENT:  The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.  These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. 

GOVERNING LAW:  These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada. 

CHANGES TO TERMS OF SERVICE:  You can review the most current version of the Terms of Service at any time on this page.  We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.