TERMS & CONDITIONS
Version Date: April 8th, 2019
By using our website you agree that you accept our website terms. If you do not agree with our terms, then you do not have our permission to use our website.
Below are the terms and conditions for which you may use our website and the terms on which we sell our skincare products to you.
Namaka makes no representation that the Website is appropriate or available in other locations other than where it is operated by Namaka. The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Namaka to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Website, purchase products through the Website (“Products”), or use other services made available through the Website.
YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS, OR TO MODIFICATIONS THAT NAMAKA MAY MAKE TO THESE TERMS IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE WEBSITE.
Purchases & Payment
Namaka bills you through an online billing account for purchases of Products and/or services. You agree to pay Namaka all charges at the prices then in effect for the Products you or other persons using your billing account may purchase, and you authorize Namaka to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a Product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable Product or service. Namaka reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Namaka. Namaka may change prices at any time. All payments shall be in U.S. dollars.
Please review our Returns Policy posted on our Website prior to making any purchases.
The Products displayed on the Website can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of the Website for more information. All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the U.S.
All material and information presented by Namaka is intended to be used for personal, educational or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements on the Website and products sold through the Website are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any Product purchased on the Website, it should be only after the legal or parental guardian has discussed the Product with the minor’s doctor.
All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Use of the Website is not meant to serve as a substitute for professional medical advice: the Website is solely an online store for specialty skin care products. Please consult with your own physician or health care practitioner regarding the use of any Products or information received from the Website before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Namaka does not give or intend to give any answers to medical-related questions. Namaka does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
The Products available on the Website, including any samples Namaka may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Namaka. Namaka reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by Namaka in its sole discretion. Except where prohibited by law, Namaka may limit the number of Products available for purchase.
If you access the Website via your mobile phone or tablet device, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.
Regarding Your Registration
By registering an account on the Website, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you will keep your password confidential and will be responsible for all use of your password and account;
you are not a minor in the jurisdiction in which you reside; and
your use of the Website does not violate any applicable law or regulation.
Regardless of whether you register an account on the Website, if you provide any information on the Website that is untrue, inaccurate, not current or incomplete, or if Namaka has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete Namaka has the right to suspend or terminate your account and/or refuse you any and all current or future use of the Website (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine in our discretion that it is inappropriate, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide
The Website may invite you to submit Product reviews, chat or participate in blogs, online forums and other interactions with the Website and other users, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Namaka and/or to or via the Website, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Namaka will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Namaka and Website users to use your Contributions as necessary to exercise the licenses granted by you under these Terms;
you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Website;
your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Namaka), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of any government, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
your Contribution does not otherwise violate, or link to material that violates, any provision of these Terms or any applicable law or regulation; and
in submitting your Contribution you have not used a false e-mail address, pretended to be someone other than yourself, or otherwise misled Namaka or third parties as to the origin of any Contribution.
By posting Contributions to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Namaka an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your name, image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Namaka does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Namaka has the right, in our sole and absolute discretion, to (i) remove, edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations, or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of these Terms.
By uploading your Contributions to the Website, you hereby authorize Namaka to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal or personal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Products (“Submissions”) provided by you to Namaka are non-confidential and Namaka (as well as any designee of Namaka) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Website for any other purpose other than that for which Namaka makes it available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Namaka. Prohibited activity includes, but is not limited to:
attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
attempting to impersonate another user or person or using the username of another user;
criminal or tortious activity;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
deleting the copyright or other proprietary rights notice from any Website content;
except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Website, or using or launching any unauthorized script or other software on the Website;
harassing, annoying, intimidating or threatening any YTTP employees or agents engaged in providing any services to you;
interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
making any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
selling or otherwise transferring your user profile;
systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from YTTP;
tricking, defrauding or misleading YTTP and/or other users, especially in any attempt to learn sensitive account information such as passwords;
using any information obtained from the Website in order to harass, abuse, or harm another person;
using the Website or data or other content from the Website as part of any effort to compete with YTTP or to provide services; and
using the Website in a manner inconsistent with any applicable laws and regulations.
Intellectual Property Rights
The content on the Website (“Namaka Content”) and the trademarks, service marks and logos on the Website (“Marks”) are owned by or licensed to Namaka, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Namaka Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Namaka graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Namaka in the United States and/or other countries. Namaka’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Namaka.
Namaka Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Namaka. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Namaka Content and to download or print a copy of any portion of the Namaka Content to which you have properly gained access solely for your personal, non-commercial use. Namaka reserves all rights not expressly granted to you in and to the Website and Namaka Content and Marks.
Third Party Websites & Content
The Website contains (or you may be sent through the Website) links to other websites (“Third Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Namaka takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
YTTP reserves the right but does not have the obligation to:
monitor the Website for violations of these Terms;
take appropriate legal action against anyone who, in YTTP’s sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities;
in YTTP’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate these Terms or any YTTP policy;
in YTTP’s sole discretion and without limitation, notice or liability to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to YTTP’s systems;
otherwise manage the Website in a manner designed to protect the rights and property of YTTP and others and to facilitate the proper functioning of the Website.
Term and Termination
These Terms shall remain in full force and effect while you use the Website or are otherwise a user of or have an account registered with the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, YTTP RESERVES THE RIGHT TO, IN NAMAKA’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND NAMAKA MAY TERMINATE YOUR USE OF OR REGISTRATION FOR THE WEBSITE, AND DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN NAMAKA’S SOLE DISCRETION.
In order to protect the integrity of the Website, Namaka reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Website. In the event of denial of access by Namaka, you are no longer authorized to access the Website, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, or denying you access to the Website, Namaka reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress..
Any provisions of these Terms that, in order to fulfill the purposes of such provisions, need to survive the termination of these Terms or Namaka’s denial of your access to the Website, including without limitation, the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities, shall continue in force. shall be deemed to survive for as long as necessary to fulfill such purposes.
Namaka may modify these Terms from time to time. Any and all changes to these Terms will be posted on the Website and revisions will be indicated by date. You agree to be bound to any changes to these Terms when you use the Website after any such modification becomes effective. Namaka may also, in its discretion, choose to alert all users for whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review these Terms and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Website for updates to these Terms and you will read the messages we send you to inform you of any changes. Modifications to these Terms shall be effective after posting.
If a dispute should arise between you and Namaka, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by sending an email to email@example.com. If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
WE BOTH AGREE TO ARBITRATE: You and Namaka agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Namaka’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Namaka may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. You and Namaka may also litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
ARBITRATION PROCEDURES: The arbitration will be commenced and conducted under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”), which are available at the AAA website www.adr.org (“AAA Consumer Rules”). The determination of whether a Dispute is subject to arbitration will be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Namaka will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the AAA Consumer Rules or applicable law, the arbitration will take place in Pinellas County, State of Florida.
AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Namaka, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Namaka.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Namaka in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NAMAKA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
CHOICE OF LAW/FORUM SELECTION: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. For any action where the arbitration provisions of these Terms permit the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Pinellas County, Florida.
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, availability, and various other information. Namaka reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Namaka cannot control the nature of all of the content available on the Website. By operating the Website, Namaka does not represent or imply that Namaka endorses any blogs, contributions or other content available on or linked to by the Website, including without limitation content hosted on third party websites or provided by third party applications, or that Namaka believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Website or in connection with any contributions. Namaka is not responsible for the conduct, whether online or offline, of any user of the Website.
YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NAMAKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NAMAKA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. YTTP DOES NOT WARRANT, ENDORSE, GUARANTEE, AND NAMAKA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations of Liability
IN NO EVENT SHALL NAMAKA OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF NAMAKA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NAMAKA’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT OF $100.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold Namaka and its directors, employees and agents harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, your use of the Website, your breach of these Terms and/or your breach of your representations and warranties set forth above. Notwithstanding the foregoing, Namaka reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Namaka, and you agree to cooperate, at your expense, with Namaka’s defense of such claims. Namaka will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
Fraud Protection Program
As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity.
Except as explicitly stated otherwise, any notices given to Namaka shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
Your use of the Website as a registered user includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE WEBSITE. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
These Terms constitute the entire agreement between you and Namaka regarding the use of the Website. The failure of Namaka to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms and your account may not be assigned by you without our express written consent. Namaka may assign any or all of its rights and obligations to others at any time. Namaka shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Namaka’s reasonable control. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and Namaka as a result of these Terms or use of the Website. You agree that these Terms will not be construed against Namaka by virtue of having drafted it. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
In order to resolve a complaint regarding the Website or these Terms or to receive further information regarding use of the Website, please contact Namaka at:
Namaka Skin, Inc.
710 37th Avenue NE
St. Petersburg, FL 33704