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 The WellBeauty Company LLC ("WellBeauty”) and its affiliates. 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 WellBeauty Privacy Policy) and procedures that may be published from time to time on the Website by WellBeauty (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 WellBeauty services. If these terms and conditions are considered an offer by WellBeauty, 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.

THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION PROVISION WITH A CLASS ACTION AND JURY TRIAL WAIVER. YOU ACKNOWLEDGE THAT THE ARBITRATION PROVISION MAY HAVE A SUBSTANTIAL IMPACT ON THE WAY IN WHICH YOU OR WELLBEAUTY RESOLVE ANY CLAIM.

1. Product Reviews; Photo Uploads; User Registration. In order to access and use certain areas or features of WellBeauty’s products or services, including in order to leave product reviews and upload corresponding photos, 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 WellBeauty’s products or services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to WellBeauty’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 WellBeauty’s products or services. By providing information and/or answering questions, you also consent to receive electronic communications from WellBeauty (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.
2. Responsibility of Contributors. If you post a product review or upload any corresponding photo(s) 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 the format of the Content in question. 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); and
   • 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.

By submitting Content to WellBeauty for inclusion on the Website, you grant WellBeauty a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content on the Website. If you delete Content, WellBeauty 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, WellBeauty has the right (though not the obligation) to, in WellBeauty’s sole discretion (i) refuse or remove any Content that, in WellBeauty’s reasonable opinion, violates any WellBeauty 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. WellBeauty will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.
   • General Terms. By selecting a product or service, you agree to pay WellBeauty 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 WellBeauty 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 WellBeauty in writing.
4. Fees; Payment. By signing up for a Services account you agree to pay WellBeauty the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. WellBeauty reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to WellBeauty.
   If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by WellBeauty to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free naomiwhittel.com services. All support will be provided in accordance with WellBeauty standard services practices, procedures and policies.
5. Privacy Policy. Our Privacy Policy describes how we handle the personal information you provide to us when you use WellBeauty’s products and services. For an explanation of our privacy practices, please visit our Privacy Policy located here.
6. Responsibility of Website Visitors. WellBeauty 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, WellBeauty 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. WellBeauty 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.
7. 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. WellBeauty does not have any control over those non-WellBeauty websites and webpages, and is not responsible for their contents or their use. By linking to a non-WellBeauty website or webpage, WellBeauty 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. WellBeauty disclaims any responsibility for any harm resulting from your use of non-WellBeauty websites and webpages.
8. Copyright Infringement and DMCA Policy. As WellBeauty 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,, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the WellBeauty services; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
9. Intellectual Property. This Agreement does not transfer from WellBeauty to you any WellBeauty or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WellBeauty. WellBeauty, naomiwhittel.com, the naomiwhittel.com logo, and all other trademarks, service marks, graphics and logos used in connection with naomiw.com, or the Website are trademarks or registered trademarks of WellBeauty or WellBeauty 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 WellBeauty or third-party trademarks. You can submit questions, comments, suggestions, ideas, original or creative materials or other information about WellBeauty, or WellBeauty's products or services (collectively, “Feedback”). Feedback shall become the sole property of WellBeauty. 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.
10. Advertisements. WellBeauty reserves the right to display advertisements on the Website.
11. Partner Products. By activating a partner product 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.
12. Changes. WellBeauty 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. WellBeauty 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.
13. Termination. WellBeauty 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 naomiw.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 WellBeauty if you materially breach this Agreement and fail to cure such breach within thirty (30) days from WellBeauty notice to you thereof; provided that, WellBeauty 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.
14. Disclaimer of Warranties. The Website is provided "as is". WellBeauty 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 WellBeauty 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.
15. Limitation of Liability.  TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WELLBEAUTY, 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) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO WELLBEAUTY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. WELLBEAUTY 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 WELLBEAUTY’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 WELLBEAUTY 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.
16. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the WellBeauty 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.
17. Indemnification. You agree to indemnify, defend, and hold harmless WellBeauty, 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 WellBeauty shall have control of the defense or settlement of any third-party claims unless WellBeauty exercises its option to require you to defend WellBeauty. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and WellBeauty.
18. 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 WellBeauty 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 WellBeauty 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 WellBeauty 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 WellBeauty 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 WellBeauty 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 WellBeauty waive the right to a jury trial.
19. 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.

20. General Conditions. The WellBeauty Company LLC 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.

21. 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.
22. 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 WellBeauty 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 WellBeauty products or services.
23. Notices. 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 WellBeauty at the following contact: legal@naomiwhittel.com. Any notices to you may be made via either e-mail or postal mail to the address in WellBeauty'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.
24. 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.
25. Entire Agreement. This Agreement constitutes the entire agreement between The WellBeauty Company 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 The WellBeauty Company LLC, or by the posting by WellBeauty of a revised version.