Nae Nae’s® Naturals, Inc

Effective Date:  March 3, 2017
Last Updated:  March 3, 2024

Nae Nae’s Inc.
Effective Date: July 1, 2017
Last Updated: December 1, 2024

AGREEMENT BETWEEN USER AND NAENAES.COM

Welcome to NaeNaes.com. The NaeNaes.com website (the "Site") is composed of various web pages operated by NaeNaes.com. NaeNaes.com (“Nae Nae’s® Naturals”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Nae Nae’s® constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

ELECTRONIC COMMUNICATIONS

Visiting Nae Nae’s® or sending emails to Nae Nae’s® constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nae Nae’s® is not responsible for third-party access to your account that results from theft or misappropriation of your account. Nae Nae’s® and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at their sole discretion.

Nae Nae’s® does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Nae Nae’s® only with permission of a parent or guardian.

PROHIBITED ACTS

You are granted a non-exclusive, non-transferable, revocable license to access and use Nae Nae’s® strictly in accordance with these Terms and Conditions. By using this Site, you represent, warrant, and covenant that you will not:
(a) impersonate any person or entity or misrepresent your affiliation with any other person or entity;
(b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining a list of users or other information, or to send chain letters or pyramid schemes via this site;
(c) attempt to gain unauthorized access to other computer systems through this site;
(d) transmit any viruses or any other disabling mechanisms;
(e) use this site for any illegal purpose, in violation of any applicable laws or regulations;
(f) engage in any Internet activities that would violate the privacy rights of others; or
(g) attempt to penetrate security measures of this site or obtain or bypass others’ passwords.

You agree that you will not use this site in any manner that could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site.

INTELLECTUAL PROPERTY

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nae Nae’s® or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nae Nae’s®’ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Nae Nae’s® and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses express or implied, to the intellectual property of Nae Nae’s® or our licensors except as expressly authorized by these Terms.

TESTIMONIALS

If you submit or post a testimonial, comment, review, suggestion, or any work of authorship (collectively a “Submission”) to us, including, without limitation, a Submission about our products or services, such Submission will not be confidential or secret and may be used by us in any manner. By submitting or sending a Submission to us, you:
(i) represent and warrant that the Submission is original to you, that no other party has any rights thereto, and that any “moral rights” in such Submission have been waived; and
(ii) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sub-licensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify, and adapt such Submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, at our sole discretion, with or without your name.

INTERNATIONAL USERS

The Service is controlled, operated, and administered by Nae Nae’s® from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Nae Nae’s®’ content accessed through Nae Nae’s® in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

PRIVACY POLICY

Your privacy is important to us. Nae Nae’s® protects customer information according to the Privacy Statement posted on this Site at www.naenaes.com/pages/privacy-policy . The Privacy Statement, as amended from time to time, is hereby incorporated by reference.

CHANGES TO TERMS

Nae Nae’s® reserves the right, in its sole discretion, to change the Terms under which Nae Nae’s® is offered. The most current version of the Terms will supersede all previous versions. Nae Nae’s® encourages you to periodically review the Terms to stay informed of our updates.

RETURNS & REFUND POLICY

Please refer to our Return Policy posted at www.naenaes.com/returns for complete information.

MOBILE TEXT MARKETING & NOTIFICATIONS TERMS OF SERVICE

By consenting to Nae Nae's Naturals’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at support@naenaes.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Your right to privacy is important to us. You can see our Privacy Policy https://naenaes.com/pages/privacy-policy to determine how we collect and use your personal information.

ARBITRATION AND CLASS ACTION WAIVER AGREEMENT

Arbitration:

By using or purchasing Nae Nae's Naturals products or services, you agree that any controversy, claim, action, or dispute between you and Nae Nae's Naturals arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Nae Nae's Naturals’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

ARBITRATION PROCEDURES

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Germantown, Maryland, United States but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of Maryland, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

EXCLUSION FROM ARBITRATION

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Nae Nae's Naturals’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 13017 Wisteria Dr #347 Germantown, MD 20874. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Nae Nae's Naturals. You are responsible for ensuring Nae Nae's Naturals’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

CLASS ACTION WAIVER

You and Nae Nae's Naturals agree that you may bring or participate in Claims against Nae Nae's Naturals only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Nae Nae's Naturals agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.