Terms & Conditions

OVERVIEW

This website namawell.com (“Our Website”) is operated by Namawell, LLC (dba Nama). Throughout the site, the terms “we”, “us” and “our” refer to Namawell, LLC. Namawell, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us (“Product”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND, TOGETHER WITH OUR PRIVACY POLICY, THE “AGREEMENT,” THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

 

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 website 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 products and services to you.

 

SECTION 1 - ACCESS AND RESTRICTIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

 

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (e) to submit false or misleading information; (f) to 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 Service or of any related website, other websites, or the Internet; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

 

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. Also, you agree to hold us harmless of any damages that may result from you sharing your account information and user name. You are responsible for any activity associated with your account.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  Please see our Privacy Policy for more details on how we use and transfer your personal information.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

SECTION 2 - Data Retention

We collect all information shared with us through direct contact with customer support for the purpose of improving future customer support experiences, product improvements, and fraud prevention. This may include call and chat records, attachments, videos, social media interactions, and e-mail exchanges. Some data is kept until you choose to remove it or delete your account such as video history, clips, or profile information.

 

Business and legal requirements may oblige us to retain certain information, for an extended period of time. These reasons may include:

  • Security, fraud & abuse prevention
  • Financial record-keeping
  • Complying with legal or regulatory requirements
  • Ensuring continuity of our services
  • Your direct communication with Namawell, LLC, or its affiliates, officers, directors, employees, licensors, or network service providers

Please see our Privacy Policy for more information.

 

SECTION 3 - DISCLAIMER; NO MEDICAL ADVICE

WE ARE NOT RESPONSIBLE IF INFORMATION MADE AVAILABLE ON THIS SITE IS NOT ACCURATE, COMPLETE OR CURRENT. THE MATERIAL ON THIS SITE 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.  THE WEBSITE AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.  WE HEREBY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE WEBSITE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, ACCURACY, COMPLETENESS, CURRENTNESS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  ANY RELIANCE ON THE WEBSITE, SERVICES, OR CONTENT ON THIS SITE IS AT YOUR OWN RISK.

 

OUR WEBSITE (AND ALL 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 SERVICES. THE WEBSITE, THE SERVICES, 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 MADE ACCESSIBLY 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 SERVICE 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 SITE 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 SITE AT ANY TIME, BUT WE HAVE NO OBLIGATION TO UPDATE ANY INFORMATION ON OUR SITE. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO MONITOR CHANGES TO OUR SITE.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices of our Products are subject to change without notice.

 

We reserve the right at any time to modify or discontinue the Service (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 Service.

 

Occasionally there may be information on our site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service 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 Service made on this site 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 Service will be corrected.

 

We reserve the right to refuse any order you place with us. 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.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  Please see our Privacy Policy for more information about how we handle your data.

 

SECTION 6 – 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 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”).  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@namawell.com or contact us by phone, describing the defect in reasonable detail.  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. If 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.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


SECTION 8 - THIRD-PARTY LINKS

Certain content, Products and Services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. Links 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 websites. 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.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments or give attribution to you or anyone else for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove 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.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

You represent, warrant, and agree that you will not capture or contribute any comments or content or otherwise use the Products and/or Services or interact with the Products and/or Services in a manner that:

  1. Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
  2. Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;
  3. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. Jeopardizes the security of your Nama account or anyone else’s (such as allowing someone else to log in to the services as you);
  5. Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. Violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. Transmits 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 Services’ infrastructure);
  8. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. Infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any party.

A violation of any of the foregoing is grounds for termination of your right to use or access the products and services. We are not responsible for any compensations or obligations as a result of this termination of your access to the Products and/or Services.

 

SECTION 10 - 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, USE OF ANY PRODUCTS AND SERVICES PERFORMED BY OR ACCESSED THROUGH THE NAMA SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.

 

SECTION 11 - INDEMNIFICATION

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 12 - 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 13 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

When you remove your Nama 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 Nama account, it is always recommended you manually reset the device as well before recycling the Product. 


SECTION 14 - 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 site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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 15 - 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 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 17 - 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”), either party may elect to finally and exclusively resolve the dispute 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 19 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 18 - 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 19 - EQUITABLE RELIEF 

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Service. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of California for purposes of any such action by us.

 

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@namawell.com, or by mail at

 

Namawell, LLC

2975 Red Hill Ave., Suite 100,

Costa Mesa, CA 92626 USA