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NAOMI NOMI LLC: Terms of Service

DISCLAIMER

The Terms of Service (“Terms”) described herein cover the entire NAOMI NOMI LLC (“Company”) website, located at www.naominomi.com(“Website,”), as well as any in-person or telephonic interaction between an identified or identifiable natural person and the Company and addresses the use, disclosure, and security of information that NAOMI NOMI LLC collects.

By visiting or using the Company’s Website, www.naominomi.com, and/or by interacting with the Company either in-person or telephonically, Individuals accept and consent to the Terms of Service described herein.

 

USE AND COLLECTION OF INFORMATION

NAOMI NOMI LLC collects information from identified or identifiable natural persons including current, prospective, and former customers who either use or visit www.naominomi.comor engage with the Company in-person or telephonically (individually and collectively “Individuals”). 

The Company collects information in an effort to enhance Individuals shopping experience, to better communicate with Individuals about the Company’s products, and to enhance the accuracy and performance of the Company’s operations. 

The type of information that the Company collects includes, but is not limited to, name, postal address, age, email address, telephone number, and/or credit card information (“Personal Information”). 

The Company collects this Personal Information either directly from Individuals or from third-party sources; Individuals may provide Personal Information directly to NAOMI NOMI LLC through interacting with the Website, making on-line or in-person purchases, participating in surveys, requesting information, or making inquiries to NAOMI NOMI LLC.

With your permission, theCompany may send Individuals emails about new products and other updates. Individuals can opt out of these emails at any time following the unsubscribeinstructions provided in such communications or by contacting the Company at naomi@naominomi.com.

 

MODIFICATIONS to theseTERMS OF SERVICE

The Company reserves the right to modify these Terms of Service at any time without prior notice. Modifications will take effect immediately upon their being posted on the Website. Individuals understand and agree that it is their sole responsibility to review the Website periodically.

Individuals will be deemed to have affirmatively accepted the modifications to the Terms if Individuals thereafter use or visit the Website or engage with the Company in-person or telephonically. 

If at any point Individuals do not agree to any portion of the Terms of Service that are then in effect, then Individuals shall immediately stop using and/or visiting the Website and/or engaging with the Company in-person or telephonically.

Before the Company uses Personal Information for any new purpose not originally authorized by Individuals, the Company will endeavor to provide information regarding the new purpose and give Individuals the opportunity to opt out.

 

AGE OF CONSENT

By using the Website, Individuals represent that Individuals are at least the age of majority in theirstate or province of residence, or that theyare the age of majority in theirstate or province of residence and have given theirconsent to allow any of theirminor dependents to use the Company’s Website.

If a parent or guardian learns that their minor dependent has provided the Company with Personal Information without the parent or guardian’s consent, the parent or guardian may alert us at naomi@naominomi.com.

The Children's Online Privacy Protection Act (COPPA) imposes certain requirements on web sites directed at children younger than 13 years of age that collect information about those children and on websites that knowingly collect information about children under 13 years of age. 

The Company's Website is not directed at children younger than 13 years of age and does not knowingly collect any Personal Information from children younger than 13 years of age.

If you believe that the Company has collected Personal Information from a child under 13 years of age,please contact naomi@naominomi.com.

 

CONSENT

If the Company seeks to use Personal Information for a new purpose not stated herein, the Company will request that Individuals expressly either consent to or refuse permission for the Personal Information to be used for this new purpose. If consent is refused then the Company will not use the Personal Information for this new purpose. 

Individuals affirmatively agree and expressly acknowledge that any failure on the part of Individuals to reply to such a request within the requested time frame for replying will be deemed to be an affirmative consent to the use of the Personal Information for the purpose requested.

If the Company cannot for any reason comply with arequest to not use Personal Information for this new purpose, such as a need to maintain accurate business records to comply with applicable laws or other legal obligations, then the Company will notify Individuals of the Company’s inability to comply with thatrequest and the reason for such inability.

 

SQUARESPACE

The Company’s online store is hosted on Squarespace, Inc (“Squarespace”). Squarespace provides the Company with the online e-commerce platform that allows the Company to sell its products and services. Personal Information for Individuals is stored on Squarespace data storage, databases and the general Squarespace application. Squarespace stores your data on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then PayPal Inc. (“PayPal” and/or Stripe Inc. (“Stripe”) store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. You can read about Squarespace’s PCI-DSS Compliance here, PayPal here, and Stripe here.   

 

THIRD-PARTY SERVICES

In general, the third-party providers used by the Company will only collect, use and disclose Individuals’information to the extent necessary to allow them to perform the services they provide to the Company. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information that the Company is required to provide to them for Individuals’purchase-related transactions. For these providers, the Company recommends that Individuals read the privacy policies of the third-party service providers so that Individuals can understand the manner in which Individuals’Personal Information will be handled by these providers.  

Certain providers may be located in or have facilities that are located in a different jurisdiction from either the Company or the Individuals; if Individuals elect to proceed with a transaction that involves the services of a third-party service provider, then the information required to effect the transaction may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located. 

Once Individuals leave the Company’s Website or are redirected to a third-party website or application, then Individuals are no longer governed by this Privacy Policy or the Company’s Website’s Terms of Service.

Google Analytics: This website uses Google Analytics, including Demographics and Interest Reporting, to help us learn about who visits our site in an effort to enhance customers' shopping experience and improve the performance of our operations. Google Analytics uses first-party and third-party cookies to track visitor interactions with our site. Google collects this information anonymously without identifying individual visitors. You can opt out of Google Analytics without affecting how you use this site. For more information, visit this Google page.

Links: When Individuals click on links on the Company’s Website, they may direct Individuals away from the Company’s Website. The Company is not responsible for the privacy practices of other websites and encourages Individualsto read the privacy statements of these other websites.

 

SECURITY

To protect the Personal Information of Individuals, the Company takes reasonable precautions and follow industry best practices to make sure that the Personal Information is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If Individuals provide the Company with theircredit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

 

COOKIES

As Individuals navigate the Company’s Website, their web browser may store information on their computer in the form of a "cookie." Cookies are simple text files; they are needed to facilitate automatic logins, password authentication, shopping cart functions, personal preference settings, and other functions. Most web browsers allow users to clear or block cookies. Please note that deleting or disabling cookies may limit the user experience.

 

DISPUTE RESOLUTION


NAOMI NOMI LLC’s goal is to provide great products and service. The Company will try its best to resolve any disagreements that Individuals have with the Company. 

 

If the disagreements cannot be resolved, then the Company and Individuals both agree to resolve disputes related to Individuals’use of the Company’s products and/or services or these Terms (each, a “Claim”) in binding arbitration instead of court, except that (a) a Claim may be brought in small claims court if it qualifies for it and (b) either party may bring suit in court to enjoin the infringement or other misuse of intellectual property rights.

The arbitration will be conducted under the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA or a comparable arbitration body in the event the AAA is unable to conduct the arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

 

If Individuals do not want to agree to arbitrate their Claims as explained above, then Individuals can opt-out of this arbitration agreement by notifying the Company of this decision in writing at naomi@naominomi.com.  Individuals must provide this written notice of their intention to opt-out within 30 days of the date that Individuals first agreed to these Terms of Service or to any updated Terms of Service.

 

Any litigation between the Company and any Individuals arising under these Terms of Service or their business relationship in general shall take place within the courts of the State or New York or the courts of the United States located within the State of New York. Neither the Company nor the Individuals party to the litigation shall assert a lack of jurisdiction, forum non conveniens, lack of venue or other similar defenses in any such jurisdiction. The Company and the Individuals party to the litigation waive trial by jury in connection with any litigation relating to these Terms of Service or the parties’ business relationship in general.

TERMINATION

The Company reserves the right to terminate your access to and use of the Services, at our sole discretion, at any time and without notice to Individuals. 

 

Upon any termination, the following sections will survive: User Content, Payments, Feedback, Dispute Resolution, Governing Law, and General Terms.

 

 

GENERAL TERMS

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between the Company and Individuals. 

 

Severability 

If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the Terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Waiver of Rights

The Company’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

 

Governing Law
These Terms of Service and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions.