Terms Of Service

The following terms and conditions govern your use of the naomiw.com website and all content, services, and products available at or through the website (taken together, the Website). The Website is owned and operated by Naomi Whittel Brands, LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Naomi Whittel Brands, LLC Privacy Policy) and procedures that may be published from time to time on the Website by Naomi Whittel Brands, LLC (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this agreement and all of the terms incorporated herein by reference. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Naomi Whittel Brands, LLC services. If these terms and conditions are considered an offer by Naomi Whittel Brands, LLC, acceptance is expressly limited to these terms.

You must be 18 year of age or older and reside in the United States or any of its territories to use the Client Services. By accepting these terms of use, you represent that you have the legal authority to do so, and that, if you have accepted these terms of use on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these terms of use. 

1. Your naomiw.com Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Naomi Whittel Brands, LLC of any unauthorized uses of your account, or any other breaches of security. Naomi Whittel Brands, LLC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. User Registration. In order to access and use certain areas or features of Naomi Whittel Brands, LLC’s products or services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only. You agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Naomi Whittel Brands, LLC’s products or services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to Naomi Whittel Brands, LLC’s products or services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of Naomi Whittel Brands, LLC’s products or services. By providing information and/or answering questions, you also consent to receive electronic communications from Naomi Whittel Brands, LLC (e.g., via email or by posting notices to the Website). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
• your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
• your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Naomi Whittel Brands, LLC or otherwise.

By submitting Content to Naomi Whittel Brands, LLC for inclusion on your website, you grant Naomi Whittel Brands, LLC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Naomi Whittel Brands, LLC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Naomi Whittel Brands, LLC has the right (though not the obligation) to, in Naomi Whittel Brands, LLC sole discretion (i) refuse or remove any content that, in Naomi Whittel Brands, LLC reasonable opinion, violates any Naomi Whittel Brands, LLC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Naomi Whittel Brands, LLC sole discretion. Naomi Whittel Brands, LLC will have no obligation to provide a refund of any amounts previously paid.

4. Payment and Renewal.

• General Terms. By selecting a product or service, you agree to pay Naomi Whittel Brands, LLC the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
• Automatic Renewal. Unless you notify Naomi Whittel Brands, LLC before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Naomi Whittel Brands, LLC in writing.

5.  Services.

6. Privacy Policy. Our Privacy Policy describes how we handle the personal information you provide to us when you use Naomi Whittel Brands, LLC’s products and services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://privacy.naomiw.com/policies

7. Responsibility of Website Visitors. Naomi Whittel Brands, LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Naomi Whittel Brands, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Naomi Whittel Brands, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

8. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which naomiwhittel.com links, and that link to naomiwhittel.com. Naomi Whittel Brands, LLC does not have any control over those non-Naomi Whittel Brands, LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Naomi Whittel Brands, LLC website or webpage, Naomi Whittel Brands, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Naomi Whittel Brands, LLC disclaims any responsibility for any harm resulting from your use of non-Naomi Whittel Brands, LLC websites and webpages.

9. Copyright Infringement and DMCA Policy. As Naomi Whittel Brands, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by naomiwhittel.com violates your copyright, you are encouraged to notify Naomi Whittel Brands, LLC in accordance with Naomi Whittel Brands, LLC Digital Millennium Copyright Act ("DMCA") Policy. Naomi Whittel Brands, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Naomi Whittel Brands, LLC will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Naomi Whittel Brands, LLC or others. In the case of such termination, Naomi Whittel Brands, LLC will have no obligation to provide a refund of any amounts previously paid to Naomi Whittel Brands, LLC.

10. Intellectual Property. This Agreement does not transfer from Naomi Whittel Brands, LLC to you any Naomi Whittel Brands, LLC or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Naomi Whittel Brands, LLC. Naomi Whittel Brands, LLC, naomiw.com, naomiwhittel.com, the naomiwhittel.com logo, the naomiw.com logo and all other trademarks, service marks, graphics and logos used in connection with naomiw.com, naomiwhittel.com, or the Website are trademarks or registered trademarks of Naomi Whittel Brands, LLC or Naomi Whittel Brands, LLC licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Naomi Whittel Brands, LLC or third-party trademarks. You can submit questions, comments, suggestions, ideas, original or creative materials or other information about Naomi Whittel Brands, LLC, or Naomi Whittel Brands, LLC's products or services (collectively, “Feedback”). Feedback shall become the sole property of Naomi Whittel Brands, LLC. Client shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Advertisements. Naomi Whittel Brands, LLC reserves the right to display advertisements on your blog unless you have purchased an ad-free account.

12. Attribution. Naomi Whittel Brands, LLC reserves the right to display attribution links such as 'Blog at naomiw.com,' theme author, and font attribution in your blog footer or toolbar.

13. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

14. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.

15. Changes. Naomi Whittel Brands, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Naomi Whittel Brands, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

16. Termination. Naomi Whittel Brands, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your naomiwhittel.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Naomi Whittel Brands, LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Naomi Whittel Brands, LLC notice to you thereof; provided that, Naomi Whittel Brands, LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. A breach or violation of any of our Terms will result in an immediate termination of services.

17. Disclaimer of Warranties. The Website is provided "as is". Naomi Whittel Brands, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Naomi Whittel Brands, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

18. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NAOMI WHITTEL BRANDS, LLC, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO NAOMI WHITTEL BRANDS, LLC UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. NAOMI WHITTEL BRANDS, LLC SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE NAOMI WHITTEL BRANDS, LLC’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.  

    IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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 THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” 

    REGARDLESS OF THE FORUM, YOU AND NAOMI WHITTEL BRANDS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
    

19. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Naomi Whittel Brands, LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside); (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party; (iii) you will not use the Website or our products for any illegal or unauthorized purpose; (iv) your use of the Services does not and will not violate any applicable laws(including but not limited to copyright laws); and (v) you will not transmit any viruses or any code of a destructive nature.

20. Indemnification. You agree to indemnify, defend, and hold harmless Naomi Whittel Brands, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal and attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. You further agree that Naomi Whittel Brands, LLC shall have control of the defense or settlement of any third-party claims unless Naomi Whittel Brands, LLC exercises its option to require you to defend Naomi Whittel Brands, LLC. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Naomi Whittel Brands, LLC.

21. Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver). 

    Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Website, or your relationship with Naomi Whittel Brands, LLC and/or its products or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); and (b) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues, including but not limited to issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and issues that relate to the arbitrability of any Dispute. You and Naomi Whittel Brands, LLC agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law. To avoid any doubt, the procedural law applicable to the Dispute shall be Federal Arbitration Act and federal arbitration law.

    Arbitration Procedures. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. 

    Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and Naomi Whittel Brands, LLC agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

    Class Action Waiver and Jury Trial Waiver. You and Naomi Whittel Brands, LLC each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and Naomi Whittel Brands, LLC agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent allowable by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement. 

    To the fullest extent allowable by applicable law, you and Naomi Whittel Brands, LLC waive the right to a jury trial. 

22. Governing Law and Jurisdiction. These Terms and use of the Website are governed by the laws of the state of Florida, United States of America, without regard to Florida’s conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, the User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Palm Beach County, Florida, United States of America, for purposes of any legal action arising out of or related to the use of the Website or these Terms, and waives any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

23. General Conditions. Naomi Whittel Brands and its sub-brands reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service, use of our service, and access to our service or any contact on the website through which the service is provided, without express written permission by us.

24. Accuracy, Completeness, And Timeliness of Information. We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

25. Changes To Our Service and Prices. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any Naomi Whittel Brands, LLC products or services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any of the Naomi Whittel Brands, LLC products or services.

26. Notice. All notices, demands, or consents given by you under these terms of use will be in writing and will be deemed given when delivered to Naomi Whittel Brands, LLC at the following contact: legal@naomiwhittel.com or via mail at Naomi Whittel Brands, 8609 Westwood Center Dr. #110, Tysons Corner, VA 22182. Any notices to you may be made via either e-mail or postal mail to the address in Naomi Whittel Brands, LLC's records or via posting on the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. Persons with disabilities who need assistance accessing these terms of use may contact us as provided for herein, and depending on your individual needs, we will grant reasonable requests to furnish these terms of use in an alternative format.

27. Severability. If any term, clause or provision of these terms of use is held invalid or unenforceable, then that term, clause or provision will be severable from these terms of use and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these terms of use. 

28. Entire Agreement. This Agreement constitutes the entire agreement between Naomi Whittel Brands, LLC and you concerning the subject matter hereof, and these terms of use may only be modified by a written amendment signed by an authorized executive of Naomi Whittel Brands, LLC, or by the posting by Naomi Whittel Brands, LLC of a revised version.