Terms + Conditions
Nail colors and accessories sold on the Site are non-refundable. Returns or exchanges are not accepted due to health and safety standards. If you experience any defective products or experience shipping issues, please email us at firstname.lastname@example.org within 48 hours of receiving your order and include a detailed description of the issue, your order number and a clear photo of the defective product. All information received will be reviewed for a replacement product to be issued. We are not responsible for any products that have been damaged while under your care.
Not all Shipping Methods are available for all shipping addresses. Refer to the Shipping details above for available Shipping Methods for your address. All orders containing Hazardous Materials have restrictions. See below for details.
Certain items in your order may be considered Hazardous Materials (HAZMAT). Hazardous Materials are as follows: aerosol items, some alcohol-based items, items that contain contents under pressure, and others (e.g., hairspray, nail polish and items containing flammable, volatile or corrosive chemicals).
The U.S. Department of Transportation (USDOT) requires Ground-Only shipment of Hazardous Materials due to air shipment restrictions and regulations. Therefore, these items cannot be shipped to all addresses.
All orders containing Hazardous Materials must be shipped via Standard and cannot be shipped via Expedited or Premium. All orders containing Hazardous Materials can only be shipped to addresses within the contiguous U.S. states and cannot be shipped to Alaska, Hawaii, U.S. Territories, PO Boxes or APO/ FPO addresses.
To Be Frank does not ship to international addresses, due to Ground-Only shipping restrictions.
Effective date May 17, 2021
Amendments to this Agreement will be posted on the Site and, to the maximum extent allowed by law, shall be effective when posted. Your continued use of the Site following the posting of any amendment shall constitute your acceptance thereof.
MEMBERSHIP & REGISTRATION
You agree that you are responsible for all activities that occur under your account, if any, and agree that you will not sell, transfer or assign your account or any rights thereunder. You are responsible for maintaining the confidentiality of your password. You agree not to share your password or share access to your account. You agree to notify us immediately of unauthorized use of your password or account.
We reserve the right, in our sole discretion, to take such action to help ensure the security of the Site, including, without limitation, terminating your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password, and in no event, and under no circumstances, shall we be held liable to you for any liability or damages arising out of (i) any action or inaction of To Be Frank, LLC under this provision; or (ii) any compromise of confidentiality of your account or password or any unauthorized access to your account or use of your password except to the extent such compromise, access or use is caused solely by our breach of the express terms of this Agreement, as proved by clear and convincing evidence.
PRODUCTS AND SERVICES FOR PERSONAL USE
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice.
We attempt to be as accurate as possible when describing our products on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
All information and content available on the Site and its “look and feel,” including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of To Be Frank, LLC, our affiliates, partners or licensors, and is protected by applicable United States and international laws, including laws governing copyrights and trademarks.
LICENSE TO USE THE SITE
Subject to compliance with this Agreement, we grant you a limited, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use the Site for its intended purpose, which shall be for your personal use and not, for example, for reselling or outsourcing the Site’s functionality. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other “hidden text” utilizing any and/or all content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Site’s infrastructure. Except as set forth herein or as required under applicable law, neither the content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
We also grant you a limited, non-transferrable, non-sublicensable, non-exclusive and revocable license to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site: (a) may link to, but not replicate, any and/or all of our content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages, as determined in our sole discretion; (e) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions, as determined in our sole discretion; and (f) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us.
YOUR OBLIGATIONS AND RESPONSIBILITIES
You agree not to: (a) access or attempt to access any information, documents, images, software or material that you are not authorized to access and/or through any means that you are not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, or to any materials, systems resources, content, accounts, passwords, servers or networks connection to or accessible through the Site or any affiliated or linked websites; (c) access or use the Site in any manner that could damage, disable, overburden or impair any server or network used by us in connection with the Site; (d) use any materials or content in connection with the Site in any manner that infringes upon the intellectual property rights or other rights of any party; (e) transmit unsolicited or bulk communications to any To Be Frank, LLC account holder or to any email address associated with To Be Frank, LLC; (f) post or otherwise submit any software, programs or materials via the Site that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan Horses, viruses and worms; (g) disrupt, interfere with or inhibit any other use from using and enjoying the Site or other websites, materials or services associated with us; (h) violate any applicable laws or regulations related to the access to or use of the Site; and/or (i) engage in any activity prohibited by this Agreement.
These examples of prohibited conduct are illustrative and are not exhaustive. We reserve the right to take action, up to and including terminating a user’s account, if the user is determined, in our sole discretion, to have engaged in prohibited conduct or otherwise violated this Agreement.
THIRD PARTY LINKS
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
CONSENT TO RECEIVE NOTICES ELECTRONICALLY BY POSTING ON THE SITE AND VIA EMAIL
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
You may submit or post reviews, comments, feedback, suggestions, questions, and other content (collectively, “Comments”) on the Site as long as your Comments do not contain any Prohibited Content. “Prohibited Content” includes, but is not limited to, content that:
- is threatening, defamatory, hateful, harassing, abusive, or obscene;
- violates the right of privacy or right to publicity;
- is false, deceptive, or otherwise misleading;
- infringes any intellectual property right, such as patent, copyright, trademark, and/or trade secret;
- contains any software virus or other malware;
- includes any commercial or political solicitation;
- violates any local, state, or federal law or regulation;
- impersonates another person or entity;
- includes any advertisement, pyramid scheme, or other “spam;” and/or
- is otherwise objectionable as determined by us in our sole discretion.
We reserve the right (but not the obligation), in our sole discretion, to remove or edit any Comment posted on the Site for any reason and at any time. Notwithstanding the foregoing, you are solely responsible for any Comments you submit or post to the Site. You agree that we have no obligation to: (a) maintain any Comment in confidence; (b) pay any person any compensation for any Comment; or (c) respond to any Comment. If you submit any Comment to the Site, you grant us a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive, fully sublicensable right to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and display the Comment throughout the world in any media now known or hereafter developed. You also grant us the right to use the name that you submit in connection with the Comment.
You represent and warrant that:
- you own or otherwise control all of the rights to any Comment you submit to the Site;
- use of the Comment supplied by you will not violate this Agreement; and
- the Comment will not cause injury to any person or entity.
We assume no responsibility or liability for any Comment posted by you or any third party.
GENERAL DISCLAIMER - ALL PRODUCTS
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED ON AND THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO BE FRANK, LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, TO BE FRANK, LLC DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT ANY ADVICE OR ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TO BE FRANK, LLC SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THIS SITE. ALL MATERIALS AND INFORMATION PRESENTED BY TO BE FRANK, LLC ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. THE PRODUCTS PROMOTED ON THIS SITE ARE COSMETIC AND ARE NOT INTENDED FOR USE IN THE DIAGNOSIS, CURE, MITIGATION, TREATMENT, OR PREVENTION OF DISEASE, AND ARE NOT INTENDED TO AFFECT THE STRUCTURE OF OR ANY FUNCTION OF THE HUMAN BODY. THE RESULTS REPORTED, IF ANY, MAY NOT NECESSARILY OCCUR IN ALL INDIVIDUALS. PLEASE CONSULT WITH YOUR OWN PHYSICIAN OR HEALTH CARE PRACTITIONER REGARDING ANY SUGGESTIONS AND RECOMMENDATIONS MADE AT FRANKNAILS.COM.
ALL OF YOUR SUBMISSIONS, INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR COMPANY'S USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN COMPANY'S DEFENSE OF ANY CLAIM. COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF COMPANY.
Effective date May 17, 2021
Visitors to the Site ("Visitors") can browse without providing personal information.
When you interact with the Site, we may ask you to provide:
- Identifiers such as your name
- Contact information such as your email address, physical address, shipping address, billing address and phone number(s)
- Financial information such as your credit card number
It is your decision to use the Site, and, as such, any provision of this personal information is completely voluntary.
We may also collect certain Internet and other electronic network activity information such as your browsing history on the Site, the length of time spent on certain pages, the website Uniform Resource Locator ("URL") from the website you were visiting before coming to this Site, which URL you next visit, device type, what browser you are using, Internet service provider, date/time of visit information, operating system, and your Internet Protocol ("IP") address.
Cookies are small files that are sent to and stored in your computer by the websites you visit. Cookies are stored in your browser’s file directory. Cookies may be stored only for the time you are in a given site or they may remain stored in your browser for a defined period of time beyond your current session. Cookies work in combination with content within the website itself, to capture and remember information. To learn more about these technologies and how they work, please see www.allaboutcookies.org.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You can review the options available to manage cookies in your browser. One option is to disable, or turn-off, all cookies. If you turn cookies off, you may not be able to browse the Sites. If you disable certain kinds of cookies, some aspects of our Sites may not function properly or as well.
We will use the information collected in the following ways. Specifically, we will use your:
- identifiers and contact information to:
- provide you with access to the Site and its services;
- respond to your requests;
- communicate with you; and
- provide you with offers and promotions that we feel may be of interest.
- financial information to:
- process payment for your order of products/services.
We will use the Internet and other electronic network activity information that we may collect to:
- conduct statistical analysis of the Site;
- troubleshoot service issues or interruptions;
- update and improve the Site;
- understand the demographics of our users and their browsing habits; and
- serve you with promotional messages and advertisements, both while you are on the Site and after you leave our Site and continue to browse online.
We may share all categories of personal information identified above to the following entities and/or for the following reasons:
- Law Enforcement. Occasionally we may be required by law enforcement or judicial authorities to provide personal information. We will disclose personal information upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet legal, national security, public interest, or law enforcement obligations. We fully cooperate with law enforcement agencies in identifying those who use our Site for illegal activities. We reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.
We may also share Internet and other electronic network activity information with select third parties, such as our advertisers, for purposes of serving you with customized promotions. If you would like to learn more about the sharing of non-personal information for purposes of providing customized advertisements or promotions, please visit http://www.aboutads.info/consumers/.
LOG-IN THROUGH SOCIAL NETWORKS
You may have the option of signing up for the Site through Facebook, Google, or other social networks. Logging in through these social networks may allow Company to access certain public information related to your profile. When you sign in through one of these social networks, you will be asked what information you would like to share. It is up to you what to share with Company, or whether anything at all from your social network profile is shared at all.
The Site is not intended for children under the age of 13 years old. We do not knowingly collect information from children under the age of 13. If we discover that we have information from a child under the age of 13, we will delete it immediately. If you believe that a child under the age of 13 may have provided his or her information to us, please contact us using the contact information below.
DO NOT TRACK
We do not track personal information about your online activities over time and across third-party Web sites or online services, and do not allow third parties to conduct such activity, and, therefore, we do not respond to Web browser "do not track" signals.
CROSS-BORDER TRANSFER OF DATA
We are located in the United States. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States; in particular, the United States may not provide the same level of protections as those in your own country. By using the Site or providing your personal information to Company, you are transferring your information to the United States and you consent to the transfer, retention, and processing of such data in the United States. If you do not agree with such transfer, retention and processing in the United States please do not use the Site.
We understand the importance of information security and will take reasonable measures to protect the security and confidentiality of your information. Please understand that no measures can guarantee 100% security.
You are responsible for the security of your log-on information. Please do not share your log-on password with anyone. If you believe your log-on password has been compromised, please contact us immediately.