Terms & Conditions
Agreement between User and www.julieknailacademy.com
Welcome to www.julieknailacademy.com. The www.julieknailacademy.com website (the "Site") is composed of various web pages operated by Julie Kandalec Nails & Consulting LLC ("Julie Kandalec Nails & Consulting"). www.julieknailacademy.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.julieknailacademy.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.julieknailacademy.com is a Digital Education Course Site.
The purpose of www.julieknailacademy.com is to sell & distribute online or in-person educational services to nail and beauty professionals and students.
Visiting www.julieknailacademy.com or sending emails to Julie Kandalec Nails & Consulting constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Julie Kandalec Nails & Consulting is not responsible for third party access to your account that results from theft or misappropriation of your account. Julie Kandalec Nails & Consulting and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen
Julie Kandalec Nails & Consulting does not knowingly collect, either online or offline, personal information from persons under the age of eighteen. If you are under 18, you may use www.julieknailacademy.com only with permission of a parent or guardian.
Early Enrollment plans (December, 2022):
If the Early VIP Enrollment plan was utilized, a one-time payment in the amount of $3,000.00 USD, to be paid in one installment for the Early VIP Enrollment for Spring Nailpreneur 2023.
If the Early VIP Enrollment for Spring Nailpreneur 2023 4-Payment Plan was purchased, (4) payments of $750 monthly (a recurring payment every 30 days from enrollment date) will be automatically withdrawn from the same account as the original payment was made. The first payment of the 4-Payment Plan will be paid on the Effective Date, and each subsequent payment will be paid 30 days thereafter until the total fees are paid in full ($3,000).
If the Early VIP Enrollment for Spring Nailpreneur 2023 6-Payment Plan was purchased, (6) payments of $500 monthly (a recurring payment every 30 days from enrollment date) will be automatically withdrawn from the same account as the original payment was made. The first payment of the 6-Payment Plan will be paid on the Effective Date, and each subsequent payment will be paid 30 days thereafter until the total fees are paid in full ($3,000).
Open Enrollment plans (February, 2023):
If the Open Enrollment One-Time Payment (also known as "Buy It Now") for Spring 2023 plan was utilized, a payment in the amount of $3,100.00 USD, to be paid in one installment for Spring Nailpreneur 2023.
If the Open Enrollment for Spring Nailpreneur 2023 6-Payment Plan was purchased, (6) payments of $533 monthly (a recurring payment every 30 days from enrollment date) will be automatically withdrawn from the same account as the original payment was made. The first payment of the 6-Payment Plan will be paid on the Effective Date, and each subsequent payment will be paid 30 days thereafter until the total fees are paid in full ($3,198).
If the Open Enrollment for Spring Nailpreneur 2023 10-Payment Plan was purchased, (10) payments of $330 monthly (a recurring payment every 30 days from enrollment date) will be automatically withdrawn from the same account as the original payment was made. The first payment of the 10-Payment Plan will be paid on the Effective Date, and each subsequent payment will be paid 30 days thereafter until the total fees are paid in full ($3,300).
Insufficient Funds and Product Revocation
If any payment attempt fails, payment will be automatically tried again on days 3, then 5.
If all 3 payment attempts fail, course access, Facebook groups, and Julie's Referral List for jobs will be automatically revoked until payments are up-to-date.
Payment in full is still due to Julie K Nail Academy.
Due to the personal context of the course, no refunds will be given unless the course is cancelled by the owner.
Links to Third Party Sites/Third Party Services
www.julieknailacademy.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Julie Kandalec Nails & Consulting and Julie Kandalec Nails & Consulting is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Julie Kandalec Nails & Consulting is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Julie Kandalec Nails & Consulting of the site or any association with its operators.
Certain services made available via www.julieknailacademy.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.julieknailacademy.com domain, you hereby acknowledge and consent that Julie Kandalec Nails & Consulting may share such information and data with any third party with whom Julie Kandalec Nails & Consulting has a contractual relationship to provide the requested product, service or functionality on behalf of www.julieknailacademy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Julie Kandalec Nails & Consulting or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Julie Kandalec Nails & Consulting content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Julie Kandalec Nails & Consulting and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Julie Kandalec Nails & Consulting or our licensors except as expressly authorized by these Terms.
You will not, and will not permit any third-party to: (i) distribute or copy in any medium any part of the Website, including but not limited to Content, without Owner’s prior written authorization; (ii) alter or modify any part of the Website, including but not limited to, Julie Kandalec Nails & Consulting’s technologies; (iii) access Content through any technology or means other than any as authorized by this Agreement or otherwise in writing by Julie Kandalec Nails & Consulting; (iv) use the Website for any commercial use without the prior written authorization of Julie Kandalec Nails & Consulting.
Prohibited commercial uses include, but are not limited to, any of the following actions: (a) sale of access to the Website, Content or services via another website or medium (such as a mobile application); (b) use of the Website, Content or services for the purpose of gaining advertising or subscription revenue; (c) sale of advertising on the Website or any third-party website, targeted to the Content; and (d) any use of the Website, Content or services that Julie Kandalec Nails & Consulting finds, in its sole discretion, has the effect of competing with or displacing the market for the Website or Content.
YOU WILL NOT SELL, RENT OR LEND THIS COURSE TO ANYONE ELSE, SHARE IT'S CONTENT, TEACH ANY PART OF IT, IN PART OR IN WHOLE, OR CLAIM IT AS YOUR OWN. ANYONE CAUGHT OR SUSPECTED OF DOING SO WILL PAY THE COURSE TOTAL PAID ($3,000-$3,300 USD) PER EACH PERSON GIVEN ACCESS AT A MINIMUM, PLUS ANY APPLICABLE LEGAL FEES.
"Julie Kandalec" and "NAILPRENEUR" are trademarked.
Julie Kandalec Nails & Consulting’s Confidential Information includes any proprietary, confidential, or secret knowledge, data or matters, whether transmitted in writing, orally, visually or otherwise, used in, associated with, or related to Julie Kandalec Nails & Consulting, the current or anticipated business of Julie Kandalec Nails & Consulting, the research, development, design, and marketing activities of Julie Kandalec Nails & Consulting, and those of any party granting rights to Julie Kandalec Nails & Consulting or that has been identified to you, either orally or in writing, together with analyses or documents that contain or otherwise reflect such matters, including technology, know-how, financial information, trade secrets, client lists, client names or identities, details of vendor, licensor, client or consultant contracts, pricing policies, operational methods, marketing plans or strategies, product development techniques or plans, business acquisition plans, methods of manufacture, specifications, personnel data, processes, formulas, designs and design projects, computer programs, inventions and research projects of Julie Kandalec Nails & Consulting or any other entity that may hereafter become an affiliate thereof, unless otherwise in the public domain other than as a result of disclosure by you (collectively, “Confidential Information”).
You agree not to use or disclose to any third-party, directly or indirectly, for any reason or in any way, other than at the express written direction of Julie Kandalec Nails & Consulting or as required by law, any Confidential Information gained in this course. Including but not limited to course creation, documents, and trade secrets.
The Service is controlled, operated and administered by Julie Kandalec Nails & Consulting from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Julie Kandalec Nails & Consulting Content accessed through www.julieknailacademy.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Julie Kandalec Nails & Consulting, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Julie Kandalec Nails & Consulting reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Julie Kandalec Nails & Consulting in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Julie Kandalec Nails & Consulting agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
During the Term hereof, and for two (2) years after the termination of this Agreement (“Restricted Period”), you shall not solicit or cause another to solicit for the others benefit, or for the benefit of any other person or entity, any client or potential client of Julie Kandalec Nails & Consulting without first obtaining the written consent of Julie Kandalec Nails & Consulting. The term “Client” shall refer to any individual, business or other entity who was doing business with Julie Kandalec Nails & Consulting prior to the date You entered into this Agreement, or who was introduced to Julie Kandalec Nails & Consulting by You after the date you entered into this Agreement; and the term “Potential Client” shall refer to any individual, business or other entity who or which was not, at the relevant time, an actual client of Julie Kandalec Nails & Consulting, but who or which, at such time, had disclosed Confidential Information to Julie Kandalec Nails & Consulting regarding his/her/its programs or needs, or to whom or which a proposal for service had been made by Julie Kandalec Nails & Consulting.
Communication and sharing is primarily done via email and Facebook, therefore, an active Facebook account will be required for best results.
Before, during or after the course, you may receive gifts from one or many nail or beauty companies. This is a bonus and should not be expected. Past course gift values are not an indication of what students can receive nor are a guarantee. Students and grads located out of the US may be subject to customs & duties fees and shipping costs.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JULIE KANDALEC NAILS & CONSULTING LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JULIE KANDALEC NAILS & CONSULTING LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JULIE KANDALEC NAILS & CONSULTING LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Julie Kandalec Nails & Consulting reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Julie Kandalec Nails & Consulting as a result of this agreement or use of the Site. Julie Kandalec Nails & Consulting's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Julie Kandalec Nails & Consulting's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Julie Kandalec Nails & Consulting with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Julie Kandalec Nails & Consulting with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Julie Kandalec Nails & Consulting with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Public Relations & Publicity
Julie Kandalec Nails & Consulting, at its own discretion, may use you as a customer reference. Serving as a “customer reference” means that Julie Kandalec Nails & Consulting may include your name, photo, logos, success story, testimonial, and business/brand name on its client list and reference you in its corporate brochure, other printed materials, press releases, social media, and any other medium. If you wish to opt out of this, email [email protected]
You agree that owner has not made any guarantees about any results of taking any action. You recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and other circumstances beyond the control of Julie Kandalec Nails & Consulting. You also recognize that prior results do not guarantee a similar outcome.
Changes to Terms
Julie Kandalec Nails & Consulting reserves the right, in its sole discretion, to change the Terms under which www.julieknailacademy.com is offered. The most current version of the Terms will supersede all previous versions. Julie Kandalec Nails & Consulting encourages you to periodically review the Terms to stay informed of our updates.
Julie Kandalec Nails & Consulting welcomes your questions or comments regarding the Terms:
Julie Kandalec Nails & Consulting LLC
39 John St Suite 2B
New York, New York 10038
Effective as of April 4, 2023