168 Nail Supply Premium Membership Program (PMP)
Terms & Conditions

Introduction

 

Welcome to the 168 Nail Supply Premium Membership Program (“PMP”). These Terms & Conditions govern your membership, access to membership benefits, and use of the websites operated by 168 Nail Supply Inc., including portal.168holdings.com and member.168holdings.com (collectively, the “Site”).

By enrolling in or using the PMP, you agree to these Terms & Conditions and any related policies published by 168 Nail Supply. If you do not agree, please do not enroll in or use the PMP.

168 Nail Supply reserves the right to update or modify these Terms & Conditions at any time without prior notice. Continued use of the PMP after changes are posted constitutes acceptance of the updated Terms.

 

1. Membership Benefits

 

• Access to wholesale pricing
• Discounts of up to 50% on select products
• Free local delivery on qualifying orders (restrictions may apply)
• Online ordering with in-store pickup options

Membership benefits are subject to availability and may change at any time.

 

2. Eligibility Requirements

 

To enroll in the PMP, you must:
• Be at least 18 years old
• Provide a valid government-issued photo ID
• Provide accurate registration information
• Maintain an active payment method on file

 

3. Membership Terms

 

The PMP is offered as an annual subscription membership.

7-Day Free Trial
New members may receive a 7-day free trial period. You may cancel at any time during the trial period without being charged.

If you do not cancel before the trial period ends, your payment method on file will automatically be charged the annual membership fee of $199.99 plus applicable taxes.

Automatic Renewal: Your membership automatically renews annually unless canceled before the renewal date.

By enrolling, you authorize 168 Nail Supply to charge the applicable annual membership fee and taxes to your payment method on file.

Membership fees are non-refundable except where required by law.

 

4. Membership Use

 

PMP memberships are non-transferable and may only be used by the registered Primary Member.

To receive PMP pricing or benefits in-store, the member must:
• Be present at the time of purchase
• Present valid membership verification
• Present matching government-issued photo ID upon request

Online orders may only be shipped to the address associated with the member’s account.

 

5. Cancellation Policy

 

You may cancel your membership at any time through your online account.

• Cancellations made during the 7-day free trial will not be charged.
• Once the annual membership fee has been charged, the fee is non-refundable.
• Renewals must be cancelled prior to the renewal date.

 

6. Suspension or Termination of Membership

 

168 Nail Supply reserves the right to suspend or terminate memberships at its discretion for:

• Violations of Terms & Conditions
• Fraudulent activity or misuse
• Chargebacks or unpaid balances
• False or misleading information
• Abusive or harmful conduct

No refund will be issued for memberships terminated due to violations.

 

7. Product Information & Pricing

 

168 Nail Supply strives to ensure product descriptions, inventory, and pricing are accurate; however, errors may occur.

We reserve the right to:
• Correct errors
• Cancel affected orders
• Limit quantities
• Refuse orders at our discretion

 

8. Electronic Communications & SMS Consent

 

By providing your contact information, you consent to receive communications from 168 Nail Supply via email, phone, and text message (including automated or prerecorded messages to the extent permitted by law). Consent is not a condition of purchase. Message and data rates may apply. You may opt out at any time.

You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

 

9. Website Use & Intellectual Property

 

All content on the Site is the property of 168 Nail Supply or its licensors and is protected by applicable intellectual property laws.

Unauthorized use of Site content is prohibited.

 

10. Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY LAW, 168 NAIL SUPPLY AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, VENDORS, DISTRIBUTORS, MANUFACTURERS, CONTRACTORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE PMP OR THE SITE.

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF 168 NAIL SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ALL CASES, 168 NAIL SUPPLY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF THE MOST RECENT MEMBERSHIP FEE PAID BY THE MEMBER.

 

11. Governing Law

 

These Terms & Conditions and any disputes arising from the PMP or the Site shall be governed by the laws of the State of Michigan, without regard to conflict of law principles.

Any dispute or claim relating to these Terms & Conditions or your use of the PMP shall be brought exclusively in the state courts located in Macomb County, Michigan, or the federal courts located in the Eastern District of Michigan.

By using the PMP, you consent to the exclusive jurisdiction and venue of these courts and waive any right to a jury trial to the extent permitted by law.

 

12. Arbitration & Class Action Waiver

 

By using or purchasing 168 Nail Supply products or services, you agree that any controversy, claim, action, or dispute arising out of or relating to these Terms, the Site, or the PMP shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) in accordance with its applicable rules.

Claims shall be heard by a single arbitrator in Warren, Michigan, unless otherwise agreed by the parties. Arbitration shall be governed by the Federal Arbitration Act (“FAA”) and the laws of the State of Michigan.

You may opt out of arbitration within 30 days of your initial purchase by mailing written notice to:

168 Nail Supply Inc.
29200 Dequindre Road, Ste. 1, Warren, MI 48092

You and 168 Nail Supply agree that claims may only be brought in an individual capacity and not as part of any class, consolidated, or representative proceeding.

 

THE PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

 

13. Privacy

 

Please review our Privacy Policy to understand how we collect and use your information.

 

14. Contact Information

 

168 Nail Supply Inc.

29200 Dequindre Road, Ste. 1, Warren, MI 48092
Website: www.168holdings.com

By enrolling in the PMP, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

 

 

15. Entire Agreement

 

These Terms & Conditions constitute the complete agreement between you and 168 Nail Supply regarding the PMP and supersede all prior or contemporaneous communications, representations, or agreements.

 

This Privacy Policy describes how portal.168holdings.com, member.168holdings.com, pos.168holdings.com (the “Sites” or “Site” or “we”) collects, uses, and discloses your Personal Information when you visit or make a purchase from the Sites.

Contact

After reviewing this policy, if you have additional questions, want more information about our privacy practices, or would like to make a complaint, please contact us by e-mail at info@168holdings.com or by mail using the details provided below:

29200 Dequindre Road, Ste. 1, Warren, MI 48092, United States

Collecting Personal Information

When you visit the Site, we collect certain information about your device, your interaction with the Site, and information necessary to process your purchases. We may also collect additional information if you contact us for customer support. In this Privacy Policy, we refer to any information about an identifiable individual (including the information below) as “Personal Information”. See the list below for more information about what Personal Information we collect and why.

• Device information
• Purpose of collection: to load the Site accurately for you, and to perform analytics on Site usage to optimize our Site.
• Source of collection: Collected automatically when you access our Site using cookies, log files, web beacons, tags, or pixels.
• Disclosure for a business purpose: shared with our processor Shopify.
• Personal Information collected: version of web browser, IP address, time zone, cookie information, what sites or products you view, search terms, and how you interact with the Site.
• Order information
• Purpose of collection: to provide products or services to you to fulfill our contract, to process your payment information, arrange for shipping, and provide you with invoices and/or order confirmations, communicate with you, screen our orders for potential risk or fraud, and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
• Source of collection: collected from you.
• Disclosure for a business purpose: shared with our processor Shopify.
• Personal Information collected: name, billing address, shipping address, payment information (including credit card numbers, email address, and phone number.
• Customer support information
• Purpose of collection:
• Source of collection:
• Disclosure for a business purpose:
• Personal Information collected:
• Purpose of collection: to provide customer support.
• Source of collection: collected from you
• Disclosure for a business purpose:
• Personal Information collected:

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/us-maxim-nail-wholesale-nail-supply/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/us-maxim-nail-wholesale-nail-supply/privacy_policy).

We value your privacy and the information you consent to share in relation to our SMS marketing service. We use this information to send you text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us. Opt-in data and consent for text messaging will not be shared with any third parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Opt-in data and consent for text messaging will not be shared with any third-parties except for messaging partners, for the purpose of enabling and operating our text messaging program.

Our website uses cookies to keep track of items you put into your shopping cart, including when you have abandoned your checkout. This information is used to determine when to send cart reminder messages via SMS.

Minors

The Site is not intended for individuals under the age of 18. We do not intentionally collect Personal Information from children. If you are the parent or guardian and believe your child has provided us with Personal Information, please contact us at the address above to request deletion.

Sharing Personal Information

We share your Personal Information with service providers to help us provide our services and fulfill our contracts with you, as described above. For example:

• We use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
• We may share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

• We use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
• We share information about your use of the Site, your purchases, and your interaction with our ads on other websites with our advertising partners. We collect and share some of this information directly with our advertising partners, and in some cases through the use of cookies or other similar technologies (which you may consent to, depending on your location).

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at https://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: https://optout.aboutads.info/.

Using Personal Information

We use your personal Information to provide our services to you, which includes: offering products for sale, processing payments, shipping and fulfillment of your order, and keeping you up to date on new products, services, and offers.

Selling Personal Information

Our Site sells Personal Information, as defined by the California Consumer Privacy Act of 2018 (“CCPA”).

Your rights

CCPA

If you are a resident of California, you have the right to access the Personal Information we hold about you (also known as the ‘Right to Know’), to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information above.

If you would like to designate an authorized agent to submit these requests on your behalf, please contact us at the address above.

Cookies

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use the website, for instance whether it’s their first time visiting or if they are a frequent visitor.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our website may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.

Additionally, please note that blocking cookies may not completely prevent how we share information with third parties such as our advertising partners. To exercise your rights or opt-out of certain uses of your information by these parties, please follow the instructions in the “Behavioral Advertising” section above.

Do Not Track

Please note that because there is no consistent industry understanding of how to respond to “Do Not Track” signals, we do not alter our data collection and usage practices when we detect such a signal from your browser.

Changes

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons.

Complaints

As noted above, if you would like to make a complaint, please contact us by e-mail or by mail using the details provided under “Contact” above.

If you are not satisfied with our response to your complaint, you have the right to lodge your complaint with the relevant data protection authority. You can contact your local data protection authority, or our supervisory authority here: [Add contact information or website for the data protection authority in your jurisdiction. For example: https://ico.org.uk/make-a-complaint/ ]

By consenting to 168 Nail Supply’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at www.168holdings.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy to determine how we collect and use your personal information.

Arbitration and Class Action Waiver Agreement:

Arbitration:

By using or purchasing [Brand] products or services, you agree that any controversy, claim, action, or dispute between you and[Brand] arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of[Brand] ’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures:

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Warren, MI, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Michigan, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration:

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of 168 Nail Supply’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to info@168holdings.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with 168 Nail Supply. You are responsible for ensuring 168 Nail Supply’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver:

You and 168 Nail Supply agree that you may bring or participate in Claims against 168 Nail Supply only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and 168 Nail Supply agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.