Limited Liability Waiver and Release Agreement

Limited Liability Waiver and Release Agreement

This Agreement is entered into by Nail Jail LLC ("Company") and the individual or entity ("User") who purchases, uses, or interacts with the Nail Jail Set ("Product"). By using the Product, the User agrees to the terms herein and acknowledges the importance of safe use.

1. Product Use

1.1 The Product is a cosmetic aid to help mitigate onychophagia (nail biting) by acting as a physical barrier.

1.2 It is not a substitute for professional medical advice, diagnosis, or treatment.

1.3 Users must review and follow all instructions for safe application, maintenance, and removal.

1.4 The Product is unsuitable for individuals with allergies or sensitivities to its components. A patch test is recommended before full use.

1.5 Intended for users aged 8 and older. Minors require adult supervision.

1.6 Store the Product safely away from children and pets to prevent misuse or ingestion.

2. Risks

By using the Product, the User acknowledges potential risks, including:

2.1 Allergic reactions or irritation from materials or adhesives.

2.2 Nail or skin damage from improper use or removal.

2.3 Choking hazards from detached components.

2.4 Ineffectiveness in preventing nail biting due to individual behavior.

2.5 Damage caused by third-party misuse or interference.

3. Liability Release

The User releases the Company from claims related to:

3.1 Personal injury or allergic reactions from Product use.

3.2 Nail or skin damage from misuse or failure to follow instructions.

3.3 Indirect damages, including psychological or financial losses from Product failure.

3.4 Misuse, negligence, or unauthorized modifications by the User or others.

4. Warranty

4.1 The Product is provided "AS IS," without express or implied warranties, including merchantability or fitness for a particular purpose.

4.2 The Company does not guarantee that the Product will meet all expectations or fully prevent nail biting.

4.3 Liability is limited to the purchase price of the Product.

5. Indemnification

The User agrees to indemnify the Company against claims arising from:

5.1 Failure to follow instructions or warnings.

5.2 Misuse, negligence, or unauthorized modifications.

5.3 Third-party claims related to injuries or damages from the User’s actions.

6. Legal Provisions

6.1 This Agreement is governed by the laws of [Specify Jurisdiction].

6.2 Disputes shall be resolved through arbitration under the rules of [Specify Arbitration Organization] in [Specify Location].

6.3 For unresolved disputes, the User submits to the jurisdiction of courts in [Specify Location].

 

7. Severability

If any part of this Agreement is found unenforceable, the remaining provisions remain valid.

8. Entire Agreement

This document constitutes the full agreement between the Company and the User regarding the Product.

User Acknowledgment

The User must read and agree to this waiver before purchasing/using the product.

 

Nail Jail LLC
Address: 5830 E 2nd St. #6400, Casper, WY 82609-4308
Contact: nailjail.shop@gmail.com | +1 (310) 651-1708

Effective as of: 12/20/2024