Terms of Services
Last Update, February 4, 2018
Welcome to the MNB website platform MNBgo.com (“Website”) (together, “MNB Platform”), provided by Millennial Nail Bar L.L.C, a District of Columbia Corporation (“MNB”). The MNB Platform is a web-based technology [platform that connects individuals (such as yourself) seeking to obtain beauty-related services (“Beauty Services”) with independent contractors (“Technicians”) seeking to perform those Beauty Services. For convenience, the MNB Platform and Beauty Services may be collectively referred to herein as the “Services”.
Please read these Terms of Service (“Terms”) carefully. These Terms form a binding contract between you and MNB regarding your access to and use of the Services. If you do not agree to be bound by these Terms, do not use the Services.
YOU ACKNOWLEDGE AND AGREE THAT THE BEAUTY SERVICES ARE PERFORMED BY TECHNICIANS WHO ARE INDEPENDENT CONTRACTORS OF MNB. MNB DOES NOT PERFORM THE BEAUTY SERVICES ITSELF, AND DOES NOT SUPERVISE OR MONITOR THE PERFORMANCE OF THE BEAUTY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT MNB IS NOT RESPONSIBLE OR LIABLE FOR THE BEAUTY SERVICES OR THE ACTIONS OF THE TECHNICIANS.
IMPORTANT NOTICE REGARDING ARBITRATION: YOU AGREE (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE WITH US RELATING TO THESE TERMS THROUGH BINDING, INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW FOR MORE DETAILS.
2. Changes to Terms or Services.
We may update or change these Terms at any time in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the MNB Platform, or through other communications. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by those updated Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
3. Who May Use the Services?
(a)You must be at least 18 years old to use the Services. If you are under the age of majority in your state of residence (a minor) your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.
(b)If you sign up for an Account with us, you represent and warrant that you are 18 years or older and capable of forming a binding contract with MNB. If you are using the Services on behalf of a legal entity (such as your employer), you agree that you have the authority to bind that legal entity to these Terms. In that case, “you” and “your” as used herein refer to that legal entity.
(a)In order to access and use certain parts of the Services, you may create an account (“Account”). You can set up your Account through the MNB Platform, and you may permit us to create or populate all or part of your Account based on your accounts with various third-party service providers such as Facebook. You are responsible for (i) ensuring that all of your Account information is accurate, complete and up-to-date at all times, and (ii) all activity under your Account.
(b)In MNB’s sole discretion, customers may be subject to a vetting process before they can register for an Account or otherwise use the Services, including but not limited to verification of identity and address and a criminal background check using third party service providers as appropriate. You hereby give consent to MNB to conduct background checks in compliance with federal and state laws.
(c)You may be required to provide your credit card when setting up an Account, and MNB may validate your credit card before activating your Account or allowing you to use the Services.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
6. Payment, Cancellations and Changes to Appointments.
(a)The Beauty Services are provided for a fee as displayed on the MNB Platform (e.g., at the time of scheduling). All fees are final, non-refundable and payable immediately when due. We have no obligation to provide refunds or credits, but may grant them, in each case in MNB’s sole discretion.
(b)We rely on third party payment service providers such as Paypal (each a “PSP”) to collect payment of fees. You must agree with the PSP’s terms to set up an account with the PSP or to otherwise use the PSP to pay for the Beauty Services; if you don’t, then you may not use the Services.
(c)Your credit card will automatically be charged the fee for the Beauty Services you received or scheduled upon completion of your appointment. In addition, a tip in the amount of 18% will be automatically charged to your credit card. After your appointment, MNB may contact you to give feedback to MNB regarding your satisfaction with the Beauty Services.
(d)If you need to cancel an appointment, for whatever reason, then: (i) if you cancel more than 24 hours in advance of your appointment, there will be no charge to you, (ii) if you cancel within 24 hours of your appointment, then we may charge you a $25 fee and the remaining balance will return to your banking about used when the services was booked, except that if you cancel less than one hour prior to your appointment, we reserve the right to charge you the full amount of the scheduled Beauty Services.
(e)If you need to change your appointment for any reason, we’ll do our best to accommodate your change but cannot guarantee that an independent contractor will be available to provide the requested Beauty Services. If you change your appointment location within one hour of your scheduled appointment time, and the new location that is more than three miles away from the originally scheduled location, then we reserve the right to charge you a 25% surcharge on the amount of the scheduled Beauty Services. We may also charge you a 25% surcharge if you change your appointment time by more than 30 minutes within 24 hours of your scheduled appointment.
7. Content and Content Rights.
(a)Content. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) make available through the MNB Platform. Content includes without limitation User Content.
(b)Content Ownership, Responsibility and Removal. MNB does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, MNB exclusively owns all right, title and interest in and to the MNB Platform and Content, including all associated intellectual property rights. You acknowledge that the MNB Platform and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the MNB Platform or Content.
(c)Rights in User Content Granted by You. If you make User Content available through the MNB Platform, you grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with the MNB Platform and providing the Services.
(d)Rights in Content Granted by MNB. Subject to your compliance with these Terms, MNB grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
8. Rights and Terms for Mobile App.
(a)Rights in Website Granted by MNB. Subject to your compliance with these Terms, MNB grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to utilize the MNB platform via computer that you own or control and to run such copy of the Website solely for your own personal non-commercial purposes. You may not copy the Website, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Website; (ii) distribute, transfer, sublicense, lease, lend or rent the Website to any third party; (iii) reverse engineer, decompile or disassemble the Website; or (iv) make the functionality of the Website available to multiple users through any means. MNB reserves all rights in and to the Website not expressly granted to you under these Terms.
General Prohibitions and MNB’s Enforcement Rights.
You agree not to do any of the following:
(a)Upload, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b)Use, display, mirror or frame the MNB Platform or any individual element within the MNB Platform, MNB’s name, any MNB trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MNB’s express written consent;
(c)Access, tamper with, or use non-public areas of the MNB Platform, MNB’s computer systems, or the technical delivery systems of MNB’s providers;
(d)Attempt to probe, scan or test the vulnerability of any MNB system or network or breach any security or authentication measures;
(e)Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by MNB or any of MNB’s providers or any other third party (including another user) to protect the MNB Platform or Content;
(f)Attempt to access or search the MNB Platform or Content or download Content from the MNB Platform through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by MNB or other generally available third-party web browsers;
(g)Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(h)Use any meta tags or other hidden text or metadata utilizing a MNB trademark, logo URL or product name without MNB’s express written consent;
(i)Use the MNB Platform or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j)Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the MNB Platform or Content to send altered, deceptive or false source-identifying information;
(k)Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MNB Platform or Content;
(l)Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the MNB Platform;
(m)Collect or store any personally identifiable information from the MNB Platform from other users of the Services without their express permission;
(n)Impersonate or misrepresent your affiliation with any person or entity;
(o)Violate any applicable law or regulation; or
(p)Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the MNB Platform or Content or to review or edit any Content, we have the right to do so to operate the MNB Platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. Links to Third Party Websites or Resources.
The MNB Platform may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
11. WARRANTY DISCLAIMERS.
(a)THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
(b)YOU AGREE AND ACKNOWLEDGE THAT THE BEAUTY SERVICES ARE PROVIDED BY THIRD PARTY INDEPNDENT CONTRACTORS AND YOU ACCEPT THE BEAUTY SERVICES AT YOUR OWN RISK, INCLUDING RISK OF PERSONAL INJURY TO YOU OR DAMAGE OF YOUR PERSONAL PROPERTY. MNB ASSUMES NO RESPONSIBILITY OR LIABILITY FOR YOUR SAFETY, YOUR PERSONAL PROPERTY, ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS WHO PROVIDE THE BEAUTY SERVICES, THE QUALITY OF THE BEAUTY SERVICES, OR THE ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTORS, AND YOU EXPRESSLY WAIVE AND RELEASE MNB FROM ANY AND ALL LIABILITY, CLAIMS (UNDER ANY LEGAL THEORY), OR DAMAGES IN CONNECTION THEREWITH. MNB ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR TECHNICIAN.
You will indemnify and hold harmless MNB and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or Content or (ii) your violation of these Terms.
13. Limitation of Liability.
(a)MNB IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MNB OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b)IN NO EVENT WILL MNB’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID FOR THE BEAUTY SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED DOLLARS ($100).
(c)THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MNB AND YOU.
14. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the District of Columbia, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the “Dispute Resolution” section, the exclusive jurisdiction for all Disputes (defined below) that you and MNB are not required to arbitrate will be the state and federal courts located in the District of Columbia, and you and MNB each waive any objection to jurisdiction and venue in such courts.
15. Dispute Resolution.
If you have a dispute with us regarding the Services, please contact us email@example.com and we will try to resolve your dispute to the best of our ability. If we are unable to successfully resolve your issues within a reasonable amount of time, then the terms of this Section 16 will apply, but only if you are an individual who is using the Services and Content for your own personal use and are not representing a legal entity.
(a)Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content, as applicable (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. However, if for any reason a Dispute proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.
(b)Exceptions. As limited exceptions to Section 16(a) above: (i) you may seek to resolve a Dispute in small claims court If it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c)Starting Arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 201 I Street SW V510 Washington, DC 20024 requesting arbitration and describing the Dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided.
(d)Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) or a comparable arbitral body (e.g., JAMS), in the event the AAA is unable to conduct the arbitration. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration may be conducted in writing, remotely (e.g., by videoconference) or in-person in the county where you live (or at some other location that we both agree to).
(e)Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
16. General Terms.
(a)Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between MNB and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MNB and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without MNB’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. MNB may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b)Notices. Any notices or other communications provided by MNB under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the MNB Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c)Waiver of Rights. MNB’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MNB. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information.
If you have any questions about these Terms or the Services, please contact MNB at firstname.lastname@example.org .