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NAANI Terms of Use

Naani Botanicals, LLC (“Naani”) operates the websites at www.naanilove.com and www.shop.naanilove.com (collectively, the “Website” or “Site“), the services and information available via the Website (collectively, the “Services”).  To assist you in using the Website, and to ensure a clear understanding of the relationship arising from your use of the Website, we have created (i) these Terms of Use (the “Terms of Use” or “Terms”) and (ii) a Privacy Policy.  Our Privacy Policy explains how we treat information you provide to us through the Website and our Terms govern your use of our Website.  Our Terms and Privacy Policy apply to any Website visitor (collectively, “you”), including (i) casual Site visitors (“Guest Users”), and (ii) individuals who are, or are seeking to become, registered users (“Registered Users”).  The terms “Naani,” “we,” “our”, and “us” refer to Naani Botanicals, LLC

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE WEBSITE.  BY ACCESSING ANY PORTION OF THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.  IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OUR WEBSITE.

PLEASE SEE SECTIONS 15, 16 AND 20 BELOW REGARDING RESTRICTIONS ON YOUR LEGAL RIGHTS IN ANY DISPUTE INVOLVING OUR SERVICES, TERMS OF USE OR PRIVACY POLICY.

  1. Your Agreement

These Terms govern:  (i) your use of the Website; (ii) your provision of information while using the Website (collectively, the “User Content”); and (iii) your use of information obtained through the Website, including information, software, video, audio, pictures, content, trademarks, trade dress, and other intellectual property owned by Naani or its licensors and made available to you through the Website (collectively, the “Naani Content”).  Please read these Terms carefully because they impose legal obligations on you and on Naani, and establish our legal relationship.  By accessing our Website, you are acknowledging that you have read and understand these Terms and agree to be legally bound by them.

  1. Your Consent to Our Privacy Practices

Our Privacy Policy explains how we treat information that you provide to us through the Site.  By accessing our Website, you consent to our privacy practices as set out in our Privacy Policy, which is available at: shop.naanilove.com/privacy-policy/

  1. Registration

We may make certain areas of the Website accessible only to users that have a password.  While you can visit the Website as a Guest User, to access and participate in certain Services, we ask that you become a Registered User.  During the registration process, you may be required to provide certain information about you.  You agree that the information you provide to us in this process is complete and accurate.

  1. Protecting Your Password

If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your username and password as “you.” We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password.  Therefore, we recommend that you maintain your username and password in confidence and that you refrain from disclosing this information to anyone who might “pretend” to be you with respect to the Website and your participation in the Services.  Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

  1. Ownership; Reservation of Rights

The information, software, video, audio, pictures, trademarks, trade dress, and other intellectual property embodied in the Website or the Naani Content, are the property of Naani and its licensors, and are protected by the U.S., international copyright and other intellectual property laws, or are used under the principles of fair use.  Naani and its licensors retain all rights with respect to the Website and the Naani Content except those expressly granted to you in these Terms.  You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material presented through the Site unless specifically authorized in writing by Naani.

  1. Grant of Rights
    1. Grant of Rights to Naani in User Content

By submitting User Content when interacting with the Website, uploading files, or otherwise (if such features are available to you), you grant to Naani a perpetual right to use, copy, reformat, index, modify, display, and distribute your User Content for the purposes of providing Services to you and for Naani’s operations.  No compensation will be paid with respect to Naani’s use of your User Content under this grant.  You represent and warrant that you own all rights needed to provide the grant set out in this Section 5.1 (Grant of Rights to Naani in User Content).

  1. Grant of Rights to You in Naani Content

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Website and Naani Content solely for your personal purposes, and provided that you shall not:  (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Website or Naani Content; (ii) modify or make derivative works based upon the Website or Naani content; or (iii) reverse engineer, reverse compile, or access the Website or the Naani Content in order to build a competitive product or service.  You may access and view the Website and the Naani Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Website or the Naani Content.

  1. Code of Conduct

AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT, SET OUT BELOW.  Under this Code, you will not:

• Upload, email, or otherwise transmit User Content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, or is otherwise objectionable.

• Disseminate material that impacts or invades the privacy of others, such as photographs, video clips, sound recordings, Personally Identifiable Information, or other materials that reveal personal, private, or sensitive information about another person, without that person’s consent.

• Submit material that is intentionally false, defamatory, unlawfully threatening, or unlawfully harassing.

• Infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.  Electronic materials – such as music, videos, images, and text in electronic form – can easily be copied, modified, and sent over networks (such as the Internet).  These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement.  These materials may not be transmitted over the Website without the copyright owner’s permission, or without a legitimate “fair use” justification for the transmittal.

• Transmit material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or Personally Identifiable Information.

• Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

• Use the Website in a manner that could disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as through sending “spam” email.

• Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities, or to evade filtering capabilities.

• Seek to obtain access to any materials or information through “hacking,” “data harvesting,” or through other means we have not intentionally made available to you through the Website.

• Use the Website for any purpose that is unlawful or prohibited by these Terms.  For example, you will not use the Website to violate any law, statute, or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising).

  1. Monitoring; Revocation or Suspension of Use Privileges

We reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all portions of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms or our Privacy Policy.

Although we have no – and assume no – obligation to monitor activities on the Website, please understand that we may employ filters designed to detect and block inappropriate content under this Code of Conduct.  We reserve the right to request edits to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct.  IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, WE WILL TERMINATE YOUR USE OF SOME OR ALL OF THE SITE AT ISSUE AND REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct is based in many instances on principles of applicable law.  Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges and civil liability to harmed parties for compensatory damages and attorney’s fees.  Naani reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

  1. Reports and Complaints

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 24 (Contact Us).

  1. Links to Third-Party Sites

The Website may contain links to third party websites (collectively “Linked Sites”).  Naani does not own and does not have control over these Linked Sites and Naani does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites’ privacy practices with respect to information that you provide to the Linked Sites.  Naani does not endorse the content of any Linked Site, nor does Naani warrant that a Linked Site will be free of computer viruses or other harmful code that may impact your computer or other web-access device.  By using the Website to link to another site (including Linked Sites), you agree and understand that such use is at your own risk.  For example, if you submit Personally Identifiable Information to a Linked Site, then the Personally Identifiable Information that you submit shall be governed by the Linked Site’s privacy policy and terms of use, and not by Naani’s Privacy Policy and Terms of Use.

  1. User Conduct; User Disputes

Naani is not responsible or liable for User Content or user conduct.  You are solely responsible for your User Content, conduct, and interaction with other site visitors, both online or offline.  We have no obligation to become involved in disputes between Site users.  If you have a dispute with another Site visitor, then you release Naani (and our officers, directors, agents, employees, subsidiaries, and affiliates) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

  1. Contact for Alleged Copyright Infringement.  Naani respects the intellectual property rights of others and requires that its users do the same.  If you believe that Content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright (a “Work“), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

Your notice must comply with the DMCA.  Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

  1. No Medical Advice; No Substitute for Professional Medical Advice 

Information and Services accessed via the Website is not a substitute for the medical advice of your physician and/or provider.  The information on or otherwise provided through the Website, including but not limited to any materials and/or information provided related to your health conditions and diagnoses and information about botanicals identified as related to such conditions, is for informational and educational purposes only, and is not intended as a substitute for medical professional help, advice, diagnosis or treatment.  Information on the Website is not provided in the course of a professional relationship between a health care provider and a patient and is not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a health care professional.  You always should seek the advice of your physician or another competent medical professional to address any questions or concerns you may have regarding your health and medical care.  Naani expressly disclaims any liability resulting from your reliance on information obtained from the Website.  

  1. Warranty Disclaimer

NAANI DOES NOT PROMISE THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE, ERROR-FREE OR UNINTERRUPTED.  THE WEBSITE, CONTENT, AND SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WHEN YOU ACCESS THE WEBSITE OR CONTENT, OR USE THE SERVICES, YOU DO SO AT YOUR OWN RISK.  NAANI DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

NAANI DISCLAIMS:  (i) ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE WEBSITE OR SERVICES; AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE WEBSITE, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES.  YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.

NAANI DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.  NAANI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.  NAANI DOES NOT AND CANNOT REVIEW ALL MATERIALS POSTED TO THE WEBSITE BY USERS, AND NAANI IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS.  HOWEVER, NAANI RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN NAANI’S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THESE TERMS.

  1. Limitation of Liability

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL NAANI BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WEBSITE AND CONTENT, OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NAANI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.  BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  1. Indemnity

You agree to defend, indemnify, and hold Naani and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or the Privacy Policy.

  1. Terms of Sale
    1. Payment.  Pricing for the product(s) in the Naani online store (“Products”) are posted on the page for the Product from which you can place your order, in addition to any applicable taxes indicated at the time of purchase or assessed thereafter (“Purchase Price”).  
    2. Your Authorization.  By providing your credit card information, you (i) agree to pay the corresponding charges and authorize Naani to charge such fees to the credit card provided by you at the time of purchase, (ii) represent and warrant to Naani that the credit limit for the credit card you provided is sufficient for the applicable charges, and (iii) you agree to be liable for all amounts set forth at the time of purchase (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges).  In the event that the credit limit for the credit card you provided is not sufficient for the charges or such credit card is cancelled , revoked or suspended before full payment is made, you agree to provide Naani with an alternative credit card and hereby authorize Naani to charge the amount remaining due from you to such alternative credit card.
    3. Delivery.  Upon initial payment by you, we will process and ship your order within the time frame we specify at the time of purchase (the “Ship Date”).  We will use reasonable efforts to timely notify you of any delays in the Ship Date.  
    4. Intellectual Property Notices.  You shall not remove or obscure any copyright, trademark, patent or other proprietary rights notice present on or displayed by or on the Product(s).  
    5. Limits On Naani‘s Warranty Obligations for Products.  YOU TAKE THE PRODUCT(S) “AS IS.”  NAANI MAKES NO WARRANTY OR REPRESENTATION CONCERNING THE PRODUCT(S), AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  
    6. Return and In-Store Credit Policy. Returns are not accepted after 30 days from the date of purchase. Please do not contact our customer support team requesting returns more than 30 days from the original purchase date. Our customer support team is unable to facilitate a return  under any circumstances after 30 days. If a product purchased through our online store does not meet your expectations, you may contact us to facilitate a return for in-store credit within 30 days of purchase. The date on your sales receipt is the date of purchase unless otherwise informed. You will be not be refunded your original payment, you will be given an in-store credit, good for 90 days from the date of your return. After 30 days, please refer to our warranty policy for product and service issues. Returned products must be new, unused, and contain all original packaging and accessories (including all warranty cards and product manuals/instructions). Any product that has been misused or that shows any signs of extensive use will not be returned or exchanged. Original shipping and handling charges will not be refunded. You are responsible for all shipping charges except in the case that the return is the result of our error.  Returns may be subject to a 15% restocking fee due to the costs associated with processing and handling returns. If you would like to return your purchase, please contact our customer support team by emailing melissa@naanilove.com.
  2. Modifications to these Terms

We may modify and change these Terms over time.  We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website.  Please feel free to print out a copy of these Terms for your records.

  1. Assignment

These Terms shall not be assignable by you, either in whole or in part.  Naani reserves the right to assign its rights and obligations under these Terms.

  1. Governing Law and Jurisdiction; Class Action Waiver

These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions.  Both parties submit to the personal jurisdiction of and venue in the state courts located in Miami-Dade, Florida and the federal courts located in the Southern District of Florida.  The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts.  

WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.  Unless both you and Naani agree, no judge or other arbitrator may consolidate more than one person’s claim or otherwise preside over any form of a representative or class proceeding.

Naani is based in the United States and provides its services and the Website for use to individuals in the United States.  We make no claims that the Website is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. General

If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.  Naani’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.  Subject to Section 22 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Naani and you, with respect to the subject matter hereof, and supersede any prior or contemporaneous understanding, whether written or oral.

  1. Survival

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive the termination of these Terms and shall apply indefinitely:  (i) Section 4 (Ownership; Reservation of Rights); (ii) Section 13 (Warranty Disclaimer); (iii) Section 14 (Limitation of Liability); (iv) Section 15 (Indemnity); (v) Section 18 (Assignment); and (vi) Section 19 (Governing Law and Jurisdiction; Class Action Waiver).

  1. Relationship to Privacy Policy and Other Contracts

These Terms must be read in conjunction (i) with other agreements into which you may enter concerning the Website (if any), and (ii) with our Privacy Policy.  The provisions of our Privacy Policy are incorporated herein.  To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control.  Similarly, to the extent these Terms conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

  1. Contact Us

If you have any questions about these Terms, the practices of this Site, or your dealings with this Website, please contact us using the form available on our Site, or at:  melissa@naanilove.com

  1. Effective Date

The effective date of these Terms of Use is February 1st, 2021.

  1. COPYRIGHT AND LEGAL NOTICE

Copyright © 2021 Naani Botanicals, LLC.  All Rights Reserved.