Terms of Service

Living Beautifully, LLC and its Affiliates and subsidiaries (referred to as "Mane & Mani" or "we" or "our" or “us” or “M & M” or “LB”) operate the website at www.maneandmani.com, the Mane & Mani mobile application, and their related services and resources (collectively, the “Website”). The recipient of this information is assumed to be the consumer of any Mane & Mani services or products and is hereinafter referred to as “you” or “your.” PLEASE READ THESE OF USE (THE “TERMS AND CONDITIONS”) CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE (INCLUDING BROWSING THE WEBSITE, DOWNLOADING THE MANE & MANI MOBILE APPLICATION (THE “APPLICATION”), REGISTERING FOR AN ACCOUNT, OR PURCHASING PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE) CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Your use of, and participation in, certain services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental service. If these Terms and Conditions are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service. The Terms and Conditions and any applicable Supplemental Terms are referred to herein as the “Agreement”.

The purchase and use of Mane & Mani Gift Cards is governed by the Supplemental Terms located at www.maneandmani.com/giftcard.

The Membership Program is governed by the Supplemental Terms located at maneandmani.com/memberships.

The online store and website located at www.maneandmani.com is owned and operated by Life Lived Beautifully, LLC.

PLEASE BE AWARE THAT THE SECTION 21 BELOW INCLUDES TERMS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS AND CONDITIONS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNDER THIS ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. Products, Services, Content and Specifications. All features, content, specifications, products, services and prices of products and services described or depicted on this Website are subject to change at any time without notice. All product and service descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) regarding any service or item purchased from this Website or a Mane & Mani retail location. By placing an order or making an appointment, you represent that the products and services purchased or ordered will be used only in a lawful manner.

2. Eligibility to Purchase. To place an order on this Website or schedule an appointment, you must: (i) be 18 years of age or older, and (ii) be a consumer, not a reseller.

3. Shipping Limitations. When an order is placed at a Mane & Mani retail location, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website or made available at the time of purchase. All purchases from this Website or in our retail locations are made pursuant to a shipment contract. As a result, risk of loss and title for such items purchased pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

4. Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete, or out of date. We make no representation that any information contained on the Website is complete, accurate, or current. For example, products or services included on the website may be unavailable, may have different attributes than those listed, or may carry a different price than that stated on the Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order or appointment confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

5. Use of this Website. The Website design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Website are either the property of, or used with permission by, Mane & Mani and are protected by copyright, trademark and other laws and may not be used except as permitted in the Agreement or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. The rights granted to you in the Agreement are subject to the foregoing restrictions.

6. Application License. Subject to your compliance with the Agreement, Mane & Mani grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. You acknowledge and agree that the availability of the Application is dependent on the third party from who you received the Application license, such as the Apple App Store (“App Store”).

In addition, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), the following terms apply: (a) you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service; (b) you acknowledge and agree that (i) the Agreement is concluded between you and Mane & Mani only, and not Apple, and (ii) Mane & Mani, not Apple, is solely responsible for the App Store Sourced Application and content thereof; (c) your use of the App Store Sourced Application must comply with the App Store Terms of Service; (d) you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application; (e) in the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Mane & Mani and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mane & Mani; (f) you and Mane & Mani acknowledge that, as between Mane & Mani and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation; (g) you and Mane & Mani acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Mane & Mani and Apple, Mane & Mani, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement; (h) you and Mane & Mani acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof; and (i) without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

7. Mane & Mani Accounts. To access certain features of the Website or Mane & Mani Products Online you may be required to register for an account on the Website, at a retail location, or at Mane & Mani Products Online (“Mane & Mani Account”). Regardless of the location where you register for a Mane & Mani Account, by signing up for a Mane & Mani Account you: (a) agree to (1) these Terms and Conditions and (2) Mane & Mani’s terms and conditions located at maneandmani.com/terms-of-service; and (b) acknowledge that your Registration Data (as defined below), account data, and personal information will be collected, used, and disclosed in accordance with (1) Mane & Mani’s Privacy Policy located at www.maneandmani.com/privacypolicy, and (2) Mane & Mani Product LLC’s privacy policy located www. maneandmani.com/privacy-policy. In registering a Mane & Mani Account, you agree to (i) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Mane & Mani Account. You agree that you shall monitor your Mane & Mani Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Website by minors. You may not share your Mane & Mani Account or password with anyone, and you agree to (y) notify Mane & Mani immediately of any unauthorized use of your password or any other breach of security; and (z) exit from your Mane & Mani Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Mane & Mani has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Mane & Mani has the right to suspend or terminate your Mane & Mani Account and refuse any and all current or future use of the Website (or any portion thereof). You agree not to create a Mane & Mani Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Mane & Mani Account at any given time. Mane & Mani reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create a Mane & Mani Account or use the Website if you have been previously removed by Mane & Mani, or if you have been previously banned from the Website. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Mane & Mani Account, and you further acknowledge and agree that all rights in and to your Mane & Mani Account are and shall forever be owned by and inure to the benefit of Mane & Mani. Mane & Mani reserves the right to terminate your Mane & Mani Account if it has been inactive for one (1) year.

8. Communications. We may offer communications via calls, SMS text messages or similar technology (including via automatic telephone dialing equipment) subject to our receipt of any consents from you required by applicable law. These communications may be sent or initiated by Mane & Mani or any of its service providers, such as when we send you text messages to confirm or remind you about your appointment, or for any customer service, account-related or marketing purpose. Message and data rates may apply. Message frequency may vary according to how you interact with our platform. [To stop receiving text messages from a short code operated by Mane & Mani, reply STOP to any message you receive from such short code. You agree we may send you a message to confirm your receipt of your STOP request. You acknowledge and agree that our platform may not recognize and respond to texted unsubscribe requests that do not include the STOP keyword and agree that Mane & Mani will have no liability for failing to honor such requests. For assistance with any text message issues, reply HELP to any text message you receive.] You can also contact us or opt-out of Mane & Mani text messages by emailing us your request and mobile telephone number to hello@maneandmani.com. Not all mobile devices may be supported and text messaging may not be available in all areas. Mane & Mani and the mobile carriers supported on our platform are not liable for delayed or undelivered text messages. You promise that all information you provide through the Website (including but not limited to your telephone number(s) and other contact information) will be accurate, current and truthful to the best of your knowledge. You consent to Mane & Mani’s use of such information in accordance with our Privacy Policy at www.maneandmani.com/privacypolicy.

9. Transactions. If you wish to purchase any product(s) or service(s) made available through the Website (each purchase, a “Transaction”), you may be asked to supply certain information relevant to your transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Mane & Mani the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We reserve the right to refuse any order you place with us or any appointment scheduled with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order, or appointments scheduled with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order or appointment, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made or the appointment scheduled. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges and cancellation charges for appointments cancelled outside of the cancellation window. You remain responsible for any taxes and fees issued by your credit card carrier that may be applicable to your Transactions.

COVID-19 Changes: When booking an appointment for services through our Website, you are agreeing to comply with Mane & Mani’s COVID-19 response procedures before entering one of our shop locations. Specifically, while in our shops, you agree to comply with all federal, state and local laws directed at addressing the COVID-19 crisis. In addition, you agree to comply with all health and safety measures implemented by Mane & Mani while in our shop, including but not limited to answering a health questionnaire to determine whether you may have, or have been exposed to, COVID-19, having your temperature taken before your appointment, wearing a face covering while in our shops, maintaining social distancing protocols and utilizing our virtual check in technology. Mane & Mani will not retain information regarding your temperature or information you provide on a COVID-19 health questionnaire. You understand that we reserve the right to refuse service to you if you fail to comply with any of these requests.

10. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Website are registered and unregistered trademarks, trade names and service marks of ours and our affiliates. Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without our written permission or the written permission of such third-party owner.

11. Linking to this Website. Creating or maintaining any link from another Website to any page on this Website without our prior written permission is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

12. Third Party Links. From time to time, this Website may contain links to Websites that are not owned, operated or controlled by us or our affiliates. For example, we may include links to Mane & Mani’s products online or webstore, which is owned and operated by Life Lived Beautifully, LLC. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our affiliates are responsible for any content, materials or other information located on, or accessible from, any other website or online service. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website or online service, or any content, materials or other information located or accessible from such websites or online services, or the results that you may obtain from using such websites or online services. If you decide to access any other website or online service linked to or from this Website, you do so entirely at your own risk.

13. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

14. User Information. Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We, each of our affiliates and/or our designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

15. Gift Cards. Depending on the type of Mane & Mani Gift Card that you have, it may be used for making authorized purchases at participating Mane & Mani retail locations in the United States or for making authorized purchases at Participating Locations and online at maneandmani.com. Gift cards cannot be transferred, exchanged or resold and cannot be redeemed for cash (except where required by law). Gift cards may not be used towards the purchase of a membership. Gift cards have no expiration date and no fees. Gift cards are nonrefundable and cannot be replaced if lost or stolen. Mane & Mani’s Gift Card policy is accessible here and is incorporated into these terms and conditions in its entirety.

16. DISCLAIMERS OF WARRANTIES. YOUR USE OF THIS WEBSITE (INCLUDING PURCHASE OF PRODUCTS OR SERVICES ON OR THROUGH THIS WEBSITE) IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE WEBSITE OR ANY TRANSACTION THAT MAY BE CONDUCTED ON, OR THROUGH, THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

PRODUCT SPECIFIC WARRANTIES CAN BE VIEWED at www.maneandmani.com/warranty

17. Jurisdictional Issues. This Website is controlled and operated by Mane & Mani from the United States, and is not intended to subject Mane & Mani to the laws or jurisdiction of any state, country or territory other than that of the United States. Mane & Mani does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

18. Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

19. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed exclusively by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws.

20. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to hello@maneandmani.com. You may also contact us by writing to Customer Service, Mane & Mani, 1 Sylvan St, Peabody, MA 01960, or by calling us at (781) 909-5555. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Arbitration. BY USING THIS WEBSITE IN ANY WAY, YOU ARE EXPRESSLY AGREEING TO WAIVE YOUR RIGHT TO A JURY TRIAL. In addition, by using this Website in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Mane & Mani and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “company entities”) arising out of, relating to, or connected in any way with the Website or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held exclusively in Orange County, California; (4) the arbitrator’s decision shall be controlled by the Terms and Conditions of this Website and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Website; (5) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable company entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any company entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Mane & Mani entity exceeds $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Mane & Mani agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor the company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.

22. Termination. You or we may suspend or terminate your Mane & Mani Account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

23. Additional Assistance; Consent to Call Recording and Monitoring. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact Mane & Mani Customer Service at (781) 909-5555. You acknowledge and agree that any telephone calls between you and Mane & Mani representatives may be recorded and/or monitored for training, quality assurance or other business purposes.

Last updated August 11, 2024