Terms of Service
This website namawell.com (“the Website”) is operated by Namawell, LLC (dba Nama). Throughout the Website, the terms “we”, “us” and “our” refer to Namawell, LLC. Namawell, LLC offers this Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions (“Terms of Service”, or “Terms”) govern your use of the Website and your purchase of any of our products (“Product”) through the Website, which collectively constitutes engaging in our “Services.”
THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our Product to you.
SECTION 1 – ACCESS AND RESTRICTIONS
By agreeing to these Terms of Service, you represent that you are 13 or older. If you are 13 or older but under the age of majority in your state or province of residence, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand it, and if you are under the age of 13, you may use the Services only with the consent of your parent or guardian.
In addition to other obligations and prohibitions as set forth in the Terms of Service, you agree that:
- You will not upload, post, e-mail, transmit, or otherwise make available any content, including User Content (defined below) that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity;
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or illegal activity, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not violate any law, ordinance, or regulation, including privacy and other laws and any applicable export control laws in your use of the Services;
- You will not solicit others to perform or participate in any unlawful acts;
- You will not infringe or violate the intellectual property rights or any other rights of anyone else (including us);
- You will not submit false or misleading information;
- You will not upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet;
- You will not use the Services to collect or track the personal information of others;
- You will not interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet;
- You will not access or use the Services to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Service;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Service;
- You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Service;
- You will not jeopardize the security of your Namawell, LLC account or anyone else’s (such as allowing someone else to log in to the services as you);
- You will not attempt, in any manner, to obtain the password, account, or other security information from any other user;
- You will not violate the security of any computer network, or cracks any passwords or security encryption codes;
- You will not transmit any form of auto-responder or “spam”, “junk mail, or “chain letter” on the services, or any processes that run or are activated while you are not logged into the services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Service’s infrastructure);
- You will not use any “crawler,” “scraper,” “spider,” or other manual or automated means to access the Services for any purpose without our express, written permission; and
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
A violation of any of the foregoing is grounds for termination of your right to use or access the Services. We are not responsible for any compensations or obligations as a result of this termination of your access to the Services.
SECTION 2 – ACCOUNT REGISTRATION
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You are solely responsible for the confidentiality and use of your User ID, as well as any use, misuse, or activity associated with your account . You will promptly inform us of any need to deactivate a User ID. We reserve the right to delete or change your User ID at any time and for any reason and shall have no liability to you for any loss or damage caused by such action. Also, you agree to hold us harmless of any damages that may result from you sharing your account information and User ID. Namawell, LLC is under no obligation to accept any individual or entity as an account holder, and may accept or reject any registrations in our sole and complete discretion. A breach or violation of any of the Terms will result in an immediate termination of your account.
SECTION 3 – DISCLAIMER; NO MEDICAL ADVICE
EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, NAMAWELL, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS WEBSITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED TO MAKE DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. ANY RELIANCE ON THE WEBSITE, SERVICES, OR CONTENT ON THIS WEBSITE IS AT YOUR OWN RISK.
OUR WEBSITE (AND CONTENT ON OUR WEBSITE) INCLUDES INFORMATION AND CONTENT RELATING TO, BUT NOT LIMITED TO, HEALTH AND WELLNESS, DIET, NUTRITIONAL INFORMATION, AND REFERRED THIRD-PARTY WEBSITES. BY VISITING OUR WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT NAMAWELL, LLC DOES NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE DIAGNOSIS, OR TREATMENT, AND THAT NAMAWELL, LLC DOES NOT EVALUATE THE NEED TO SEEK MEDICAL ATTENTION, THROUGH THE WEBSITE OR THE SERVICE. THE WEBSITE, THE SERVICE, AND THE CONTENT ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT USE THE INFORMATION ON THE WEBSITE TO DIAGNOSE OR TREAT A HEALTH PROBLEM OR DISEASE OR PRESCRIBE ANY MEDICATION OR OTHER TREATMENT. WE STRONGLY RECOMMEND THAT YOU CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROVIDER BEFORE PARTICIPATING IN AND/OR TRYING ANY PRODUCT OR SERVICE DESCRIBED OR MADE ACCESSIBLE IN OR THROUGH OUR WEBSITE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OR THROUGH OUR WEBSITE. RELIANCE ON OUR WEBSITE IS SOLELY AT YOUR OWN RISK. STATEMENTS MADE ON THE WEBSITE OR PROVIDED VIA THE SERVICES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION OR ANY OTHER DOMESTIC OR FOREIGN GOVERNMENT AGENCY FOR THEIR ACCURACY, EFFECTIVENESS, OR SAFETY AND ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
THIS WEBSITE MAY CONTAIN CERTAIN HISTORICAL INFORMATION. HISTORICAL INFORMATION, NECESSARILY, IS NOT CURRENT AND IS PROVIDED FOR YOUR REFERENCE ONLY. WE RESERVE THE RIGHT TO MODIFY THE CONTENTS OF THIS WEBSITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR WEBSITE. WE MAKE NO REPRESENTATION THAT THE SERVICES WILL OPERATE ERROR-FREE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR WEBSITE.
SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices of our Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Occasionally there may be information on our Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Notwithstanding the above, we undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services, or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
SECTION 5 – PRODUCTS AND SERVICES
Certain Products or services may be available exclusively online through the Website. These Products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or services that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Product at any time. Any offer for any Product or services made on this Website is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.
The receipt of an order number or an email order confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell. We reserve the right to refuse any order you place with us or to cancel an order for any reason. Verification of information may be required prior to the acceptance of an order. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
We use reliable third-party carriers to deliver the Product to you. You are responsible for the cost of all shipping. Namawell, LLC is not liable for any damages (including, without limitation, any incidental or consequential damages) arising from our third-party carrier’s failure to deliver or delay in delivering the Product. Further, we are not responsible in the event that the Product is unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason. Title and risk of loss to the Product will pass to you upon delivery to the shipping carrier.
SECTION 6 – PAYMENT
SECTION 7 – LIMITED WARRANTY
EXCEPT AS OTHERWISE SET FORTH HEREIN, NAMAWELL, LLC PRODUCTS ARE SOLD ONLY WITH THE LIMITED WARRANTY DESCRIBED BELOW. THIRD-PARTY PRODUCTS ARE EXPRESSLY EXCLUDED FROM THE BELOW LIMITED WARRANTY, AND ARE SUBJECT ONLY TO THOSE WARRANTIES EXTENDED BY THE APPLICABLE THIRD PARTY MANUFACTURERS OF SUCH PRODUCTS, IF ANY. EXCEPT WHERE PROHIBITED BY LAW OR AS OTHERWISE PROVIDED HEREIN, NAMAWELL, LLC HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NAMAWELL, LLC PERSONNEL, SUPPLIERS, AND LICENSEES ARE NOT AUTHORIZED TO ALTER THESE WARRANTIES.
Namawell, LLC warrants that its Nama Vitality 5800 SJ100/SJ122 product (the “Product”) is free from defects in materials and workmanship, subject to specific limitations and conditions set forth below, for a period of ten (10) years from the date of the original purchase by the first end-user for the Product motor, and for a period of two (2) years from the date of the original purchase by the first end-user for the Product parts, other than third-party parts (the “Warranty Period”). Namawell, LLC warrants that its Nama J2 SJ200/SJ220 products (the “Product”) is free from defects in materials and workmanship, subject to specific limitations and conditions set forth below, for a period of fifteen (15) years from the date of the original purchase by the first end-user for the Product motor and parts, other than third-party parts (the “Warranty Period”). Namawell, LLC warrants that its Nama Pulp Strainer juicer accessory product (the “Product”) is free from defects in materials and workmanship, subject to specific limitations and conditions set forth below, for a period of two (2) years from the date of the original purchase by the first end-user for the Product, other than third-party parts (the “Warranty Period”). Claims of defect brought after the applicable Warranty Period will not be covered by this limited warranty. In order to bring a claim under this limited warranty, the buyer must notify us by email to support or contact us by phone, describing the defect in reasonable detail and you must be able to provide proof of purchase. If we determine that such defect may be covered by this limited warranty, we will issue a return authorization (“RA”) to the buyer, and the buyer shall return the Product in question to us using the instructions we provide. It is always recommended to purchase product insurance and tracking services when sending your product for service. Remember, shipping and processing fees will be incurred by you and are not covered by Namawell, LLC.
If upon inspection of a Product we, in our reasonable discretion, determine that a Product, or portion thereof, has a defect in materials or workmanship, we shall, at our option, repair or replace the defective Product or portion thereof at no cost to the buyer. If identical materials are not available at the time of repair or replacement, we may, at our option, substitute materials of comparable quality or refund buyer’s money.
The Product is intended only for the buyer’s personal use, in making juices, smoothies, and similar consumables, and this limited warranty shall not cover any Product used for commercial or other purposes. Any alteration by buyer of a Product shall render this limited warranty void with respect to the altered Product. This limited warranty extends only to the original buyer and shall not cover defects or damages resulting from (i) accident, misuse, abuse, tampering, neglect, unusual physical stress, alteration, or improper operation or handling of the Product; (ii) incorrect or inadequate maintenance, cleaning, or care of the Product; or (iii) normal wear and tear of the Product. We will not be responsible under this limited warranty or otherwise for defects or damage caused by any ancillary equipment not furnished by us which is attached to or used in connection with the Product, and all such equipment is expressly excluded from this limited warranty. This limited warranty does not extend to consumable parts, such as batteries, or any third-party products that buyer may use or purchase in conjunction with the Product.
THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
SECTION 8 – THIRD-PARTY LINKS
The Website may include materials and tools from third-parties, and links to third-party websites (“Third-Party Materials”).
Third-Party Materials on this Website may direct you to third-party websites that are not affiliated with us. Third Party Materials are provided solely as a convenience to you and not as an endorsement by us of the content on such sites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Mebsites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. Any use by you of Third-Party Materials offered through the Website is entirely at your own risk and discretion.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
The Website allows you to submit reviews, comments, or questions about the Product (collectively, “User Content”). If you submit User Content to the Website, you acknowledge that there is no privacy with respect to such User Content, as it will be posted on the publically-accessible Website. You, and not Namawell, LLC, are entirely responsible for all User Content you post to the Website. We are not obligated to transmit any User Content through our Website, and we reserve the right to remove any User Content at any time in our sole discretion, with or without notice.
To the extent permitted by law, you and your licensors retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual, irrevocable license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, display, perform, and otherwise use or exploit your User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, to provide and promote the Services.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
SECTION 10 – INTELLECTUAL PROPERTY
The Website contains materials, such as software, text, graphics, images, sound recordings, and other materials provided by or on behalf of Namawell, LLC (collectively referred to as the “Content”). Except as expressly provided in these Terms of Service, Namawell, LLC and/or our licensors exclusively own all right, title, and interest in and to the Website and the Content, including all associated intellectual property rights. The Website and the Content are protected under both United States and foreign laws. Unauthorized use of the Website or the Content may violate copyright, trademark, and other laws.
You may view the Website and all Content for your own personal, non-commercial use, and no other use is permitted without the prior written consent of Namawell, LLC. Namawell, LLC and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content and Website. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or Website, or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content or Website in any way for any public or commercial purpose. We reserve the right to remove Content from our Website at any time for any reason without any notice to you.
If you violate any part of these Terms of Service, your permission to access the Website and the Content automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of Namawell, LLC (the “Namawell, LLC Trademarks”) used and displayed on the Website are owned by Namawell, LLC. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Namawell, LLC Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Namawell, LLC Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
SECTION 11 – LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURIES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PRODUCTS, THE SERVICES OR OTHERWISE SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).
SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, USE OF ANY PRODUCTS AND SERVICES PERFORMED BY OR ACCESSED THROUGH THE NAMAWELL, LLC WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
SECTION 12 – DIGITAL MILLENNIUM COPYRIGHT ACT
Namawell, LLC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or User Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
2975 Redhill Ave, Suite 100
Costa Mesa, CA 92626
Attn: Copyright Agent
If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
SECTION 13 – REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
(a) You hereby represent, warrant, and covenant that:
- You own or have the necessary licenses, rights, consents, and permissions (collectively, “Permissions”) to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content, and any other works that you incorporate into your User Content and all the rights necessary to grant the Permissions you grant hereunder; and
- Use of User Content in the manners contemplated in these Terms of Service shall not violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party.
(b) You agree to indemnify, defend and hold harmless Namawell, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 14 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 15 – TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service and the Services, and your access to all or any part of the Services, at any time and for any reason without prior notice or liability, and you will remain liable for all amounts due up to and including the date of termination. Sections 3, 7-20 shall survive the termination of these Terms of Service.
When you remove your Namawell, LLC account, we disable the login and then start the account deletion process. It may take a few months for the data to be deleted in our systems.
When you remove devices from your Namawell, LLC account, it is always recommended you manually reset the device as well before recycling the Product.
SECTION 16 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 17 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the state of California without regard to its conflict of laws provisions.
SECTION 18 – BINDING ARBITRATION.
In the event of a dispute arising under or relating to these Terms of Service, the Services, or the Website (each, a “Dispute”), such Dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before one (1) neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place California. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 20 below, nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
SECTION 19 – CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
SECTION 20 – EQUITABLE RELIEF
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support, or by mail at
2975 Red Hill Ave., Suite 100,
Costa Mesa, CA 92626 USA