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NAOMI NOMI LLC: TERMS of SERVICE

Updated: October 28, 2018

DISCLAIMER 

The Terms of Service (“Terms”) described herein cover the entire NAOMI NOMI LLC (“Company”) website which is located at www.naominomi.com (“Website”), and the Website Content (“Content”), and the Company’s Products (defined below) and services (“Services”) accessible via the Website or via in-person or telephonic interaction between an identified or identifiable natural person and the Company.

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, but not limited to, current, prospective, and former customers who either use or visit www.naominomi.com or engage with the Company in-person or telephonically (individually and collectively “Individuals”).

The Company is located in the United States of America and the information that the Company collects is governed by the laws of the United States of America. If Individuals are accessing the Company’s Website, Products, Content or Services from outside of the United States, please be aware that the data protection laws in the United States may be different from those of the country in which Individual is located. If Individuals are accessing the Company’s Website, Products, Content or Services from outside the United States, Individuals expressly acknowledge that they are aware that the information collected by the Company may be transferred to, processed, and/or used in the United States and that by accessing the Company’s Website, Products, Content and Services Individuals have given consent to this transfer, processing, use and/or storage in the United States.

The Company collects information in an effort to enhance the shopping experience of Individuals, 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.

The Company may also obtain information about Individuals from other sources and may combine that information with information that the Company collects directly from Individuals. To the extent the Company receives information about Individuals from a third-party source and the Company combines the information we receive from these third-party sources with the Personal Information that the Company collects directly from Individuals, the Company will treat that combined information as Personal Information under these Terms of Service. The Company is not responsible for the accuracy of the information provided to the Company by third-parties or how such third-parties collect, use and/or share such information.

By providing the Company with their email address, Individuals are deemed to have given permission to the Company to send them emails about the Company, its Products, as well as updates and information required to conduct the business of the Company. Individuals can opt out of these emails at any time following the unsubscribe instructions provided in such communications or by contacting the Company at naomi@naominomi.com.

By providing the Company with their postal address, Individuals are deemed to have given permission to the Company to send to them at their postal address information about the Company, its Products, as well as updates and information required to conduct the business of the Company. Individuals can opt out of these communications at any time by contacting the Company at naomi@naominomi.com and providing their name(s) and the postal address(s) at which Individuals no longer wish to receive the Company’s communications.

The Company may share the Personal Information that the Company collects from Individuals with our agents, vendors, consultants and other service providers (“Service Providers”) in order to carry out work on behalf of the Company. The Company does not authorize our Service Providers to use your Personal Information for any purpose other than to provide this assistance to the Company.

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 use its best efforts to 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 time frame specified by the Company 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 a request 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 that request and the reason for such inability.

AGE OF CONSENT

By using the Website, Individuals represent that Individuals are at least the age of majority in their state or province of residence, or that they are the age of majority in their state or province of residence and have given their consent to allow any of their minor 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.

TERMS OF SALE

The Company sells clothing, accessories, and other related goods and supplies (“Products”) to end-user customers who purchase Products only for non-commercial use. Individuals may not purchase Products for further distribution or resale or for any other commercial or business purpose without the prior written consent of the Company.

The prices that the Company will charge for its Products will be the price as posted on the Website or, if the purchase is made in an in-person interaction the price is that posted on the Product and/or its packaging and/or upon the apparatus upon which the Product is displayed, on the date on which Individual successfully placed the order on the Website or in-person. The Company reserves the right to change prices for Products at any time and does not provide price protection or refunds in the event of promotions or price decreases.

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 Service 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 Service 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 Service Providers.   

Certain Service 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.

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 Individuals to 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 their credit 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.

CORRECTION OF WEBSITE ERRORS

The information on the Website may contain typographical errors or inaccuracies or may not be complete or current (“Errors”). The Company reserves the right to correct any Errors on its Website that the Company sees fit to correct and may do so at any time without prior notice. Such Errors may relate to product information, pricing and/or availability. The Company reserves the right to terminate any orders involving pricing Errors. 


DISPUTE RESOLUTION

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.

Individuals agree to resolve Claims with the Company solely on an individual basis and not as part of a class, representative, or consolidated action.

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.
 

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. 


LIMITATION OF LIABILITY

The exclusions and limitations of damages set forth in these Terms are fundamental elements of the basis of the relationship between the Company and Individuals.

Neither the Company nor any other party involved in creating, producing, or delivering the Website, the Content, the Products or the Services will be liable for any indirect, incidental, special, exemplary, or consequential damages including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, or the cost of substitute services arising out of or in connection with these Terms or from the use or the inability to use the Website and/or the Products and/or Services or from reliance on any information obtained from the Company whether obtained directly or indirectly, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not the Company has been informed of the possibility of such damage even if a limited remedy set forth herein is found to have failed of its essential purpose. This Limitation of Liability may not apply in those jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages. The Company makes no representations that the emails sent from the Company are free of malware or other harmful components. As permitted by applicable law, Individuals expressly agree that their use of the Website, its Content, and/or the Company’s Products and Services is at their sole risk and that the Company will not be liable for any damages of any kind arising from the use of the Company’s Website, Content, Products and/or Services including, without limitation, direct, indirect, consequential or punitive damages unless otherwise previously agreed to in writing by the Company. 

In no event will the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Website or Products or Content or Services exceed the amounts that Individuals have paid to the Company for the use of its Website, Products or Services or fifty United States dollars if Individuals have not had any payment obligations to the Company.

DISCLAIMER OF WARRANTY

All Products, Content, and/or Services whether provided via the Website or via in-person and/or telephonic interactions are provided to Individuals on an “as is,” “as available,” and “with all faults” basis without any representations or guarantees or warranties of any kind. Without limiting the foregoing, the Company explicitly disclaims any warranties whether express or implied of merchantability, fitness for a particular use or purpose, custom, quiet enjoyment, non-infringement or mis-appropriation of intellectual property rights of third parties, freedom from computer viruses, and/or warranties arising out of course of dealing or usage of trade.

UNLAWFUL OR PROHIBITED USES

The Company’s Website, Products, Content and/or Services may be used only for lawful purposed in accordance with these Terms of Service. As a condition of using the Website, Products, Content and/or Services of the Company, Individuals expressly warrant that they will not use them for any purpose that is unlawful or prohibited by these Terms of Service. Whether on behalf of themselves or on behalf of any third party, unless Individuals have the express prior written consent of the Company, Individuals may not:

  1. a.Make any commercial use of the Website, Services, Products, or Content, including making any collection or use of any Product listings, descriptions, prices, or images;

  2. b.Download, copy, or transmit any Content for the benefit of any other merchant;

  3. c.Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website;

  4. d.Frame, mirror, or use framing techniques on any part of the Website or its Content;

  5. e.Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website Content, or otherwise scrape, collect, store, or use any Website Content, Product listings, or images, without the prior written consent of the Company;

  6. f.Use any meta tags or any other hidden text using the Company’s name or trademarks;

  7. g.Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent Individuals affiliation with any person or entity in connection with the Company, its Website, its Products, its Content, or Services, or express or imply that the Company endorses any statement that Individuals has or will make;

  8. h.Conduct fraudulent activities on the Website or at any event or location at which the Company and/or its Products, and/or Services and/or Content are present ;

  9. i.Violate or attempt to violate the security of the Website;

  10. j.Attempt to interfere with the Website including but not limited to attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;

  11. k.Attempt to interfere with the Website and/or any user, host or network with which is it, might be, or has been affiliated via means of submitting malware, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”;

  12. l.Forging the Website’s header or any part of the header information in any e-mail or posting;

  13. m. Forging any communications on behalf of, or to, the Company whether done electronically or in writing;

  14. n.Send unsolicited or unauthorized e-mail on behalf of the Company;

  15. o.Use the Website or any aspect of the Company’s business to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of other persons including their privacy rights or rights of publicity;

  16. p.Harvest or collect personally identifiable information about other users of the Website or of any of the Company’s Products or services;

  17. q.Restrict or inhibit any other person from using the Website including, without limitation, by hacking or defacing any portion of the Website;

  18. r.Use the Website to advertise or offer to sell, or buy other than from the Company, any goods or services;

  19. s.Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any portion of, use of, or access to the Website or the Company’s Products, Services or Content without the prior written approval of the Company;

  20. t.Create any derivative works of the Content without the prior written authorization of the Company;

  21. u.Remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website or originating otherwise from the Company.

TERMINATION

The Company reserves the right to terminate your access to and use of the Website at our sole discretion, at any time and without notice to Individuals. The Company is not responsible for any loss or harm related to the inability of Individuals to access or use the Company’s Website and/or Services.

MODIFICATIONS TO TERMS 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.

If the Company makes changes to these Terms of Service, the Company will notify Individuals by revising the date at the top of these Terms of Service.