Terms of Service
Terms of Service
Effective Date: January 1, 2023
Please read the following carefully. These Terms of Use (the "Terms") govern your access to and use of the Zjmnooph ("Zjmnooph," "we," "our") websites, Zjmnooph and Zjmnooph (each a "Website," and collectively, the "Websites"), and the products and services offered by Zjmnooph (collectively, the "Services").
We provide the Services to you ("you" and "your") subject to these Terms.
This Agreement is binding. If you do not agree to all of these Terms, you are not authorized to use the Services and must cease use immediately. By accessing or using the Services, you agree to be bound by these Terms.
By agreeing to these Terms, you expressly consent to arbitrate all disputes as further described below. Any dispute, allegation, or claim arising out of or relating to the Services, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, a "Dispute"), except any dispute, allegation, or claim arising out of or relating to our actual or alleged intellectual property rights ("Excluded Disputes"), shall be finally settled by arbitration. The parties agree to arbitrate only on an individual basis, and these Terms do not permit class arbitration or the bringing of any claim as a plaintiff or class member in any class or representative arbitration proceeding. An arbitrator or panel may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If the prohibition on class arbitration is held invalid or unenforceable, the remainder of this arbitration provision will remain in effect.
Your Access to the Service
Permitted Uses and Restrictions
Privacy
User Accounts
Sales and Payment Terms
Discounts and Promotions
Subscriptions
Idea Submissions
Intellectual Property
Mobile Messaging Terms and Conditions
Submissions
Third-Party Websites and Services
Notice to California Residents Pursuant to California Civil Code Section 1789.3
Indemnification
Disclaimers
Health and Food Allergy Disclaimers
Limitation of Liability
Termination
Communications Between Us
Governing Law
Dispute Resolution
Other Important Terms
Changes to These Terms
Contact Information
Your Access to the Service
Internet Access. When you use the Service on a mobile device, laptop, desktop computer, or other device (your "Device"), you acknowledge and agree that you are responsible for (i) maintaining Internet access on your Device and (ii) any Internet connection and telecommunication fees and charges you incur.
Your Device. Zjmnooph is not responsible for the operation of your Device. You are responsible for ensuring the proper functioning of your Device's systems when accessing the Service, including, but not limited to, the operational functionality of your Device's screen display.
No Warranties. Access to the Service may be temporarily suspended without notice due to the following circumstances: (i) system failure; (ii) maintenance or repair; (iii) if we reasonably suspect a violation of these Terms; (iv) for reasons beyond our reasonable control; or (v) as otherwise provided in these Terms.
Permitted Uses and Restrictions
License Grant. Subject to the terms and conditions of these Terms, Zjmnooph hereby grants you a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable license to access and use the Service (including updates and upgrades that replace or supplement the Service in any way and that are not distributed separately under a license, and any documentation) on devices owned or controlled by you, solely for your personal use. We reserve all other rights not granted in these Terms.
Use Restrictions. You may not access or use the Service in any manner not expressly permitted by these Terms. You may not: (i) cause, permit, or authorize the modification, copying, creation of derivative works, translation, reverse engineering, decompilation, disassembly, or hacking of the Service; (ii) sell, transfer, rent, lease, or grant rights in the Service, including without limitation through sublicensing, to any other person or entity; or (iii) use the Service for any activity that is illegal, prohibited, unusual, or inappropriate in Zjmnooph's sole discretion.
Eligibility. You may only use the Service if you are at least 16 years of age. Individuals under the age of 16 are prohibited from using the Service.
We may, but have no obligation to, monitor or review our Service at any time. If we become aware of a potential violation of these Terms, we reserve the right to investigate such violation and, in our sole discretion, may immediately terminate your license to use the Service in accordance with Section 18 (Termination) below.
Breach of these Terms. You may not (or allow third parties to) use the Service: (i) in any unlawful manner, for any unlawful purpose, or to commit fraudulent or malicious acts, such as hacking into the Service or any operating system used by the Service or inserting malicious code (including viruses) or harmful data into it; (ii) in any manner that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users; (iii) collect or harvest any information or data from the Service or our systems, or attempt to decrypt any transmissions to or from the servers running the Service; (iv) monitor or copy the Service or any information provided by the Service by using a robot, spider, or other automated device; (v) send, knowingly receive, upload, download, use, or re-use any material that does not conform to these Terms; or (vi) transmit or procure the sending of any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible for any violations of these Terms by you and that Zjmnooph has no liability to you or any other person or entity for the consequences of any such violations. Privacy
These Terms also incorporate the terms of our Privacy Policy (as updated from time to time). Our Privacy Policy explains how your personal information will be collected and used, as well as other information related to your privacy. By agreeing to these Terms, you consent to the Privacy Policy and consent to: (i) the processing of your personal information as described in the Privacy Policy; and (ii) the collection of information from your device as described in the Privacy Policy.
User Account
User Account. To use certain features of the Services, you may need to create a Zjmnooph account and provide us with a username, password, and certain other information about yourself. You are solely responsible for the information associated with your account and for any events related to your account. You agree to provide true, accurate, current, and complete information as requested in any form and to maintain and update such information to keep it true, accurate, current, and complete. Failure to maintain true, accurate, current, and complete account information may result in your inability to access or use our Services.
Account Security. Maintaining the security of your account is of paramount importance. You are solely responsible for maintaining the confidentiality of your account password. You agree to immediately notify Zjmnooph of any unauthorized use of your password or account. Account Sharing or Transfer. Your account is personal to you and may not be sold, traded, given away, or otherwise transferred under any circumstances. You may not share your account with anyone, nor may you disclose your password to anyone.
Fees. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. You acknowledge that you are solely responsible for all charges to your account, including any unauthorized charges.
Your Account Deletion. You may delete your account at any time. You may delete your account by contacting us using the information in Section 24 (Contact Information) below.
We Delete Accounts. Zjmnooph may terminate your account at any time for any or no reason, including if: (a) Zjmnooph determines that you (i) have breached or otherwise acted inconsistently with these Terms; or (ii) have engaged in fraudulent or illegal activity or other conduct that could create liability for Zjmnooph; (b) Naked determines that it is required by law to terminate your account; or (c) Naked decides to discontinue providing the Service or a critical portion of the Service. Upon termination, Naked may delete your account and the information therein. You have no ownership rights in your account.
Sales and Payment Terms
Billing Policy. If you choose to purchase items, you acknowledge that you will be required to provide a current, valid, and acceptable payment method ("Payment Method"), and you agree that we may charge your Payment Method. Zjmnooph uses authorized third parties to process your transactions, credit card authorization, order fulfillment, and shipping. By submitting your Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Naked to store and process your information with such third parties. You agree that Naked is not responsible for any failure of such third parties to adequately protect your information.
Product Availability. We cannot guarantee the availability of specific products at any given time and reserve the right to change and/or cancel product offerings through the Service at any time without notice. All prices displayed through the Service exclude taxes and shipping charges. Prices are subject to change. All orders are subject to order acceptance and availability. In some cases, products may be temporarily unavailable after an order is placed. In such cases, we will refund the amount paid to your original payment method.
Personal Use. Unless you are an authorized retailer, all products sold or received by Naked are for personal use only. You may not sell or resell any products you purchase or otherwise receive from Naked. Naked reserves the right, with or without notice, to cancel or reduce the quantity of any pending orders or products that may cause you to be in breach of these Terms, at Zjmnooph's sole discretion.
Refund Policy. Our Returns and Exchanges Policy is available at https://www.zjmnooph.shop/pages/returns-exchanges and is incorporated herein by reference.
Discounts and Promotions
Zjmnooph may, from time to time, at its sole discretion, offer online discounts and promotions for products purchased through the Website ("Promotions"). Promotions are subject to these Terms and any additional promotion-specific terms incorporated herein by reference ("Specific Promotion Terms"). You should ensure you read the Specific Promotion Terms applicable to each Promotion.
Promotional offers are valid only for online purchases made through the Website. Unless otherwise expressly stated by Zjmnooph, promotions are not valid on prior purchases and cannot be combined with any other promotions, discounts, coupons, or offers (including, but not limited to, any rewards programs). Limited to one promotion per order. Unless otherwise expressly stated by Naked, promotions are not valid for gift cards, taxes, or shipping and delivery charges. Promotions are not valid for cash, cash equivalents, or credit.
Promotions are valid for a limited time only. Please refer to the specific promotion terms for the promotion period.
Promotions are subject to product availability and quantities may be limited. Naked cannot guarantee the immediate availability of any product.
Zjmnooph reserves the right to cancel or reduce the quantity of any pending order and/or any product or service provided to you without notice if, in our sole discretion, we determine that such order and/or product or service involves or may result in a violation of these Terms, any applicable specific promotion terms, or law. We further reserve the right to cancel or modify any promotion or specific promotion terms at any time and at our sole discretion without prior notice.
Unfortunately, wholesale customers are not eligible for our membership program. The membership program and all promotions are intended for retail customers. If you have questions about any promotions or specific promotional terms, please contact us using the contact information in Section 24 (Contact Information).
Subscriptions
Subscriptions. Certain portions of the Services are available only through paid subscriptions (each, a "Subscription Plan"). If you sign up for a Subscription Plan, we will charge you any applicable Subscription Plan fees, plus any applicable taxes and other fees ("Subscription Fees"), at the start of your Subscription Plan and each Subscription Plan period thereafter (e.g., monthly, quarterly, annually, as specified when you purchased such Subscription Plan).
Payment Methods. To sign up for a Subscription, you may be required to provide a current, valid, and acceptable payment method ("Payment Method"). You authorize us to charge any Payment Method associated with your account if your primary Payment Method is declined or no longer accepted by us. You remain liable for any uncollected amounts. Zjmnooph uses authorized third parties to process your transactions and credit card authorizations. By submitting your Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Naked to store and process your information with such third parties. You agree that Zjmnooph is not responsible for any failure of such third parties to adequately protect your information. If a payment is not successfully processed (for example, due to an expired credit card, insufficient funds, or other reasons), we may suspend your subscription until we successfully charge a valid payment method. For some payment methods, your card issuer may charge you a fee. Please consult your payment method provider for more details.
After you sign up for a subscription plan, we may bill you periodically without further authorization from you until you provide us with prior notice (which we confirm receipt) that you have terminated this authorization or wish to change your payment method (as described below). Such notice will not affect charges submitted before we reasonably terminate your authorization or change your payment method or subscription plan.
Updating Your Payment Method. You can update your payment method by logging into your account or contacting us using the details in Section 24 (Contact Information) below. We may also use information provided by your payment method provider to update your payment method. After any update, you authorize us to continue charging the applicable payment method.
Cancelling. You can cancel your subscription plan at any time. To cancel, please log in to your account and navigate to the "Subscription" page, or contact us using the contact information in Section 24 (Contact Information). If you terminate your Subscription Plan, your Subscription Plan will not renew after the end of the then-current Subscription Plan Term.
Changes to Subscription Plans or Prices. We reserve the right to change Subscription Plans or adjust the prices of Subscription Plans or any component thereof at any time and in any manner at our sole discretion. Unless otherwise expressly provided in these Terms, any price changes or Subscription Plan changes will be effective upon notice to you.
Idea Submissions
We welcome user feedback and appreciate your evaluation of our services. However, as a company policy, we do not accept or consider ideas, suggestions, proposals, or materials ("Submissions") that we have not specifically requested. This policy is intended to help us and our clients avoid future disruptions caused by new products or services developed internally by our employees that may be similar or identical to client ideas.If you submit an idea you have submitted, the following terms will apply to your Submission regardless of any conditions you attempt to impose on it: You acknowledge and agree that: (i) such Submission will be treated as non-confidential and non-proprietary; (ii) we will be entitled (subject to our Privacy Policy) to use, reproduce, distribute, adapt, and disclose such Submission through the Services or otherwise to third parties for any purpose, in any manner, and in any media now known or later discovered, worldwide, without time restriction and without any payment to you, including without limitation the right to create derivative works, enhancements, performances (including by digital performance), and transmissions (including by digital transmission) of such Submissions, and the right to assign and sublicense such rights; (iii) we may already be considering or developing content similar to such Submissions; and (iv) you will not be entitled to any compensation or reimbursement of any kind from us with respect to such Submissions under any circumstances.
Intellectual Property
The Zjmnooph name and logo are trademarks and service marks of Zjmnooph. You are not authorized to use any of our trademarks, service marks, or logos, and any unauthorized use of any such content may violate federal and state trademark laws. You acknowledge that all intellectual property rights in the Services, whether registered or unregistered, including but not limited to rights in graphics, logos, "look and feel," trade dress, structure, organization, code, and all other content on the Services, and the compilation thereof, belong to us or our licensors anywhere in the world and are valuable trade secrets and confidential information of Naked, protected by intellectual property laws. You acknowledge and agree that Naked and/or its licensors own all right, title, and interest in and to the Services, including all intellectual property, industrial property, and proprietary rights recognized at all times anywhere in the world, and that the Services are protected by U.S. and international copyright laws. Furthermore, you acknowledge that the Services may contain information designated as confidential by Naked, and you agree not to disclose such information without the prior written consent of Zjmnooph. No content posted on the Services grants any license, whether by implication, estoppel, or otherwise, to any Zjmnooph trademark, copyright, or other intellectual property right. You understand that, unless otherwise indicated, everything you see or read on the Services is proprietary information protected by intellectual property laws and may not be used without the written permission of Zjmnooph. When accessing the Services, you agree to obey the law and respect the intellectual property rights of others. Your use of the Service is at all times governed by laws regarding copyright ownership and use of intellectual property.
Mobile Messaging Terms and Conditions
By agreeing to these Terms or using the Service, you consent to receive communications from us, including via email, SMS (to the extent permitted by applicable law), phone calls, push notifications, and browser notifications. Communications from us may include responses to your inquiries, operational communications related to your order, requests for feedback, or marketing materials.
If you wish to opt out of promotional emails, you may unsubscribe from our promotional email list by following the unsubscribe options in the promotional email itself, or by emailing us at the contact information in Section 24 (Contact Information) below.
In addition, Zjmnooph offers a mobile messaging plan (the "Plan"), which you agree to use and participate in under these Mobile Messaging Terms and Conditions (for purposes of this Section 10, the "Agreement"). By opting in to or participating in any of our Plans, you accept and agree to those terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as further described in Section 21 (Dispute Resolution) below. This Agreement is limited to the Program and is not intended to modify other Terms or Privacy Policies that may otherwise govern your relationship with Naked.
User Opt-In. The Program allows users to receive SMS/MMS mobile messages by actively opting in (e.g., through an online registration form). Regardless of the opt-in method you use to join the Program, you agree that this Agreement applies to your participation in the Program, and you acknowledge and agree that your information may be shared with third-party service providers who help us administer the Program. By participating in the Program, you consent to receive autodialed or prerecorded marketing mobile messages at the phone number you opted in to. While you consent to receiving messages sent using an autodialer, the foregoing should not be construed to imply or suggest that any or all of our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply.
User Opt-Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to opt-out by replying "STOP" to any mobile text message sent by Naked. You may receive another mobile text message confirming your decision to opt-out. You understand and agree that the above options are the only reasonable ways to opt-out. You also understand and agree that any other method of opting out, including but not limited to sending a text message other than "STOP" or verbally requesting our employees to remove you from our list, will not constitute a reasonable method of opting out.
Notice and Indemnification Obligations. If at any time you intend to cease use of the mobile number used to subscribe to this Program, including by canceling your service plan or selling or transferring your phone number to another person, you agree to complete the user opt-out process described above before ceasing use of that mobile number. You understand and agree that your consent to do so is an essential part of these Terms. You further agree that if you cease use of your mobile number without notifying Naked of such change, you agree to be responsible for all costs (including attorneys' fees) and liabilities incurred by Naked or any party assisting in the delivery of mobile information arising from claims brought by individuals who subsequently obtain access to that mobile number. This obligation and agreement shall survive even if your participation in any of our Programs is canceled or terminated. You agree to indemnify, defend, and hold us harmless from any claims or liabilities arising from your failure to notify us of changes to the information you provided, including any claims or liabilities arising under the Telephone Consumer Protection Act (47 U.S.C. § 227) or similar state and federal laws, and any regulations promulgated thereunder, resulting from our attempts to contact you at the mobile phone number you provided.
Program Description. Without limiting the scope of the Program, users who opt in to the Program may receive marketing and sales messages regarding products, services, and events.
Fees and Frequency. Text messaging and data rates may apply. This Program includes recurring mobile text messages, and additional mobile text messages may be sent periodically based on your interactions with Naked.
MMS Disclosure. If your mobile device does not support MMS messaging, the Program will send SMS™ (termination messages).
Our Disclaimer. The Program is provided on an "as is" basis, may not be available in all areas at all times, and may not continue to operate if your wireless carrier makes product, software, coverage, or other changes. We are not responsible for any delays or failures in receiving mobile messages related to the Program. Delivery of mobile messages is subject to valid transmission from your wireless service provider/network operator and is not controlled by Naked.
Participant Requirements: You must own a wireless device that supports two-way messaging, use a participating wireless carrier, and be a wireless subscriber with text messaging service. Not all mobile carriers offer the required service to participate. Please check your device's capabilities for specific text messaging instructions.
Shop Pay: We use Shopify to power our online store. Shopify offers users the option of an express checkout service ("Shop Pay"). If you choose to register for Shop Pay by providing your mobile phone number, you may receive a text message verification code to verify your identity at checkout. You acknowledge and agree that Naked is not responsible for and has no control over text messages sent by Shopify. If you wish to opt out of Shop Pay, please visit https://shop.app/pay/phone-optout.
Submitted Content
For any and all reviews (including text or other content) or other posts you upload to the Internet regarding Zjmnooph products purchased with Points ("Comments"), you warrant that any such Comments: (A) will be a true statement of your opinions or experiences; (B) will not make any false or misleading statements about NAKED or our products, or use such products for purposes other than their intended purpose; (C) will not be defamatory, obscene, offensive, or otherwise objectionable; (D) will not infringe any third party's intellectual property rights (such as copyright) or other rights (such as rights of privacy or confidentiality); (E) will comply with applicable laws; (F) will not promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (G) will not deceive anyone; (H) will not be threatening, abusive, or cause annoyance, inconvenience, or unnecessary anxiety; (I) will not harass, upset, embarrass, alarm, or annoy any other person; (J) will not impersonate any person or misrepresent your identity or affiliation with any person; (K) will not give the impression that it originates from us (if that is not the case); and (L) will not advocate, promote, or assist any illegal conduct, such as (by way of example only) copyright infringement or computer misuse.
You own and are solely responsible for any content or material you submit or transmit ("User Content"). All User Content will be considered non-confidential and non-proprietary. We are not required to host, display, or distribute your User Content, and we may remove it at any time. You acknowledge and agree that you waive any rights you may have in your User Content in any jurisdiction, including, but not limited to, the right to be identified as the author of your User Content. We may use some or all of your User Content for any commercial or non-commercial purpose, anywhere in the world, indefinitely. We may exercise these rights without notice to you and without compensation to you. You promise that: (a) you own or have obtained all rights to your User Content; (b) your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or any other legal rights of any third party; and (c) your User Content complies with these Terms.
We may, but are not required to, monitor and review your User Content. We reserve the right to display, publish, or promote User Content on our website and social media profiles, including but not limited to YouTube, TikTok, Instagram, Facebook, Snapchat, and Twitter. We may display your comments in their entirety and may modify or edit your comments if they do not comply with these Terms. Zjmnooph has no obligation to display comments or seek approval before displaying them. By agreeing to these Terms, you consent to our use of your comments.
Third-Party Websites and Services
The Service may contain links to other third-party websites ("Third-Party Websites") or allow you to share content directly with other third-party websites. You acknowledge that we have no control over Third-Party Websites and are not responsible for their content and/or availability. We are not responsible for your use of any such content, and you acknowledge and agree that your use of such content is at your own risk.
Providing these links is for your convenience only and does not constitute an endorsement or approval by us of the organizations operating such websites, the content or other materials contained on Third-Party Websites, and we are not affiliated with their operators. Your use of Third-Party Websites will be subject to their terms and conditions and privacy policies, if any ("Third-Party Terms"). You are responsible for reading and complying with the Third-Party Terms. Notice to California Residents Pursuant to California Civil Code Section 1789.3
Pursuant to California Civil Code Section 1789.3, California users of the e-commerce services are provided with the following consumer rights notice: California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1713 Commercial Ave, Madison, WI 53704, or by telephone at +1 608-249-8889.
Indemnification
You agree to indemnify and hold us and our affiliates and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the "Indemnified Parties") harmless from and against all claims, demands, losses, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising out of or relating to: (i) your use of the Services; (ii) your breach or violation of any of these Terms; or (iii) your violation of any third-party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, but this shall not relieve you of your indemnification obligations. In such event, you shall cooperate with the Indemnified Party as reasonably requested by the Indemnified Party.
Warranty Disclaimer
The Services are provided on an "as is" and "as available" basis. We do not guarantee that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. We have no obligation to correct any errors, defects, or bugs in the Services, or to otherwise support, develop, or maintain the Services. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we assume no responsibility for them. We also do not represent or guarantee, express or implied, that the content contained in the Services is accurate, complete, or up-to-date.
To the fullest extent permitted by law, we exclude all conditions, warranties, representations, and other terms that may apply to the Services (including our products), whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of third party rights with respect to the Services (including our products) and all information and content contained in the Services.
No information or advice obtained through the Services, or affirmations made by us by words or actions, shall create a warranty.
Because some states or jurisdictions do not allow the disclaimer of warranties, the above disclaimer may not apply to you. Health and Food Allergy Disclaimer
This website does not provide medical advice. The health and nutrition information on this website (including but not limited to text, charts, images, and other materials) is for educational purposes only. You should not rely on this information as a substitute for professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, please consult a physician or other healthcare professional. Do not disregard, avoid, or delay seeking medical or health-related advice from your healthcare professional because of something you have read on this website. The causes of being overweight or obese vary from person to person. Whether due to genetic or environmental factors, it is important to note that food intake, metabolic rate, and levels of exercise and physical exertion vary from person to person. This means that weight loss results will also vary from person to person. Nothing in this Agreement or our statements should be construed as a promise or guarantee that users will achieve their desired goals.The health and nutritional advice posted on this website is for informational purposes only. We cannot guarantee that the information on this website always reflects the latest research.
Customers concerned about food allergies need to understand these risks and confirm all food allergies and intolerances before preparing or consuming any food. Zjmnooph is not responsible for identifying ingredients that may cause allergic reactions in individuals with food allergies. If you believe you are experiencing an adverse reaction to any food, stop consuming it immediately. If you believe you are experiencing a medical or health emergency, please call your healthcare professional or 911 immediately.
Limitation of Liability
Under no circumstances will we be liable for any direct, indirect, special, consequential, or exemplary damages (including lost profits, any security breaches, or any damage to equipment, data loss, personal injury, property damage, or loss) arising out of, in connection with, or in any way connected with the use or performance of the Services (including our products) or these Terms, whether such damages are based on contract or tort, and whether such damages are based on negligence (whether active, affirmative, sole, or concurrent), even if we have been advised of the possibility of such damages. If you are dissatisfied with the Service (including, but not limited to, the content available on the Service), your sole and exclusive remedy is to stop using the Service (including our products). The same limitation also applies to damages caused by any services or products received through or advertised on the Service or any link on the Service, as well as by any information or advice received through or advertised on the Service or any link on the Service. The same limitation also applies to damages caused by any content posted on the Service or by any third party conduct.
If the above exclusions are held to be invalid or unenforceable in whole or in part, then the liability of the indemnified parties arising out of or related to the Service or these Terms, whether based in contract, tort (including negligence), or otherwise, will in no event exceed the greater of: (i) the total amount of goods purchased through the Service in the preceding 30 days, or (ii) one hundred U.S. dollars ($100). You agree that any claim or cause of action arising out of or related to the performance or nonperformance of these Terms or the Service must be filed within one year after such claim or cause of action arose or be forever barred. The limitations and disclaimers in this section are not intended to limit liability or alter your rights as a consumer that may not be excluded under applicable law. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, Zjmnooph's liability shall be limited to the extent permitted by law. This provision does not affect Zjmnooph's applicable law provisions set forth below.
If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and which, if known by him or her, must have materially affected his or her settlement with the debtor or released party."
Termination
We may immediately terminate these Terms and/or your license to use the Services, without prior notice or liability, if (i) you breach these Terms, (ii) we cease providing the Services, or (iii) we become unavailable for any reason. In addition, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Services and/or your access to the Services at any time, with or without notice to you: (i) if required by law, or (ii) due to events beyond our control.
Upon termination of these Terms for any reason: (i) all rights granted to you under these Terms will immediately terminate; (ii) you must immediately cease all activities authorized under these Terms (including your use of the Services); and (iii) you acknowledge that we may restrict your access to the Services. Sections 3, 8-11, and 14-22 will survive any termination or expiration of these Terms.
Communications Between Us
If you wish to contact us in writing, or if any provision of these Terms requires you to notify us in writing, you may send us a written document as set forth in Section 24 (Contact Information) at the bottom of these Terms. If we must contact you or notify you in writing, we may do so by email or any other contact information you have provided to us. Governing Law
These Terms and any matters arising out of or relating to them, and any claim, cause of action, dispute, or controversy between you and us, whether based in contract, tort, statute, or otherwise, shall be governed by the internal laws of the State of Florida, U.S.A., and in accordance with the Federal Arbitration Act, without regard to any choice or conflict of law principles (whether of the State of Florida or any other jurisdiction). The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.
Dispute Resolution
User Concerns. Most user concerns can be resolved quickly and to the user's satisfaction by contacting us using the contact information in Section 24 (Contact Information) below.
Arbitration Procedure. If your issue cannot be resolved informally, you and Naked agree that, except as provided in Section 21(e) below, all disputes (each, a "Claim") shall be finally and exclusively resolved by binding arbitration, which either party may initiate by sending written notice to the other party demanding arbitration. A party's election of arbitration shall be final and binding on the other party. The arbitration will be conducted in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "JAMS Rules") in effect at the time the arbitration is initiated, and the terms set forth in these Terms. To the extent that the terms set forth in this Section 21 (Dispute Resolution) conflict with the JAMS Rules, the terms set forth in these Terms will control.
Except as otherwise provided in Section 21(e) below, you may seek any remedy available to you under federal, state, or local law in an arbitration proceeding. As part of the arbitration, both you and Naked will have the opportunity to discover non-privileged information relevant to the claim. The arbitrator will provide a written statement describing the arbitrator's decision on the claim, the award rendered, and the arbitrator's findings and conclusions on which the arbitrator's decision is based. The determination of whether a claim is subject to arbitration shall be governed by the Federal Arbitration Act and shall be determined by a court, not an arbitrator. Except as otherwise provided in these Terms, (i) you and Naked may litigate in court to compel arbitration, stay arbitration proceedings, or confirm, modify, vacate, or enter judgment on the award rendered by the arbitrator; and (ii) the arbitrator's award shall be final and binding upon all parties and may be enforced in any court of competent jurisdiction, except that any award may be challenged if the arbitrator fails to comply with applicable law.
In the event of arbitration, and to the extent permitted by law, you agree to waive your right to assert or defend your rights in court. Your rights will be determined by a neutral arbitrator, not a judge or jury. You have the right to a fair hearing, but arbitration procedures are simpler and more restrictive than the rules applicable in court. The arbitrator's award will be enforceable like any court order, and court review is very limited.
Venue. The arbitration will take place in Dade County, Florida, U.S.A., unless the parties agree to conduct the arbitration by video, telephone, or internet connection.
Restrictions. You and Zjmnooph agree that any arbitration shall be limited to claims between Zjmnooph and you individually. You and Zjmnooph agree that: (i) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; (ii) there is no right or authority for any Dispute to be brought in a purported representative or private attorney general capacity; and (iii) no arbitration will be consolidated with any other.
Arbitration Exceptions. You and Zjmnooph agree that the following claims are not subject to the above provisions regarding binding arbitration: (i) any Excluded Disputes; (ii) any claim related to or arising out of allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In lieu of arbitration, either party may bring an individual action in small claims court for claims within the jurisdiction of such court.
Arbitration Costs. If you initiate arbitration for a claim, you will pay the JAMS arbitration initiation fee. If we initiate arbitration for a claim, we will pay the JAMS arbitration initiation fee. All other arbitration fees and costs will be charged according to the JAMS rules.
Severability. You and Zjmnooph agree that if any part of these Terms is held to be illegal or unenforceable (except for any portion of Section 21(e)), such portion shall be severed, and the remainder of these Terms shall remain in full force and effect. If Section 21(e) is held to be illegal or unenforceable, then neither you nor Zjmnooph shall elect to arbitrate any claim falling within the portion of Section 21(e) held to be illegal or unenforceable, and such claim shall be exclusively settled by a court of competent jurisdiction within Dade County, Florida, U.S.A., and you and Naked consent to the personal jurisdiction of such courts.
Other Important Terms
Transfer. You may not assign your rights under these Terms without Zjmnooph's prior written consent, and any unauthorized attempt by you to assign them shall be void.
Severability. Except as otherwise provided in Section 21(g), if any part of these Terms is held to be invalid or unenforceable, such portion shall be severed, and the remainder of these Terms shall remain in full force and effect.
Attorneys' Fees. If either party initiates any litigation or arbitration relating to these Terms, except as otherwise provided in Section 21(f), the prevailing party shall be entitled to recover from the other party all reasonable costs, attorneys' fees, and other expenses incurred in any legal proceeding related to these Terms.
No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed as a waiver of such provision and shall in no way affect our right to enforce the same provision at a later time. Zjmnooph's express waiver of any provision, condition, or requirement of these Terms shall not be construed as a waiver of your obligation to comply with the same provision, condition, or requirement at a later time.
Equitable Relief. You acknowledge and agree that Zjmnooph will be irreparably harmed if the terms of these Terms are not expressly enforced, and therefore you agree that, in addition to any other remedies we may have under applicable law, we will be entitled to appropriate equitable relief for any breach of these Terms without the need for a bond, other security, or proof of damages.
Entire Agreement. These Terms (including the documents referenced in these Terms) constitute the entire agreement between you and Naked regarding the Services and supersede any and all prior agreements between you and Zjmnooph regarding the Services. Assignment. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
Changes to These Terms
We reserve the right to modify these Terms at any time, at our sole discretion. If applicable, we will notify you of material changes to these Terms the next time you access the Service (we may also notify you of any material changes to these Terms by email). We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Contact Information
If you have any questions or comments about the Service or these Terms, please contact us at Support@zjmnooph.shop.