Terms and Conditions

OVERVIEW

This website is operated by Nama Brands LLC d/b/a/ nama
("Nama Brands LLC"). Throughout the site, the terms “we”, “us” and
“our” refer to Nama Brands LLC. Nama Brands LLC offers this website,
including all information, tools, and services available from this site to you,
the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.

By visiting our site and/or purchasing something from us,
you engage in our “Service” and agree to be bound by the following terms and
conditions (“Terms of Service”, “Terms”), including those additional terms and
conditions and policies referenced herein and/or available by hyperlink. These
Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/or contributors of
content.

Please read these Terms of Service carefully before
accessing or using our website. By accessing or using any part of the site, you
agree to be bound by these Terms of Service. If you do not agree to all the
terms and conditions of this agreement, then you may not access the website or
use any services. If these Terms of Service are considered an offer, acceptance
is expressly limited to these Terms of Service.

Any new features or tools which are added to the current
store shall also be subject to the Terms of Service. You can review the most
current version of the Terms of Service at any time on this page. We reserve
the right to update, change, or replace any part of these Terms of Service by
posting updates and/or changes to our website. It is your responsibility to
check this page periodically for changes. Your continued use of or access to
the website following the posting of any changes constitutes acceptance of
those changes.

Our store is hosted on Shopify Inc. They provide us with the
online e-commerce platform that allows us to sell our products and services to
you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that
you are at least the age of majority in your state or province of residence, or
that you are the age of majority in your state or province of residence and you
have given us your consent to allow any of your minor dependents to use this
site.

You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws in your
jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a
destructive nature.

A breach or violation of any of the Terms will result in an
immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We 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 the Service, use of the Service, or access to the
Service or any contact on the website through which the service is provided,
without express written permission by us.

The headings used in this agreement are included for
convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – 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. Any reliance on the
material on this site is at your own risk.

This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices and availability for our products are subject to
change without notice.

We reserve the right at any time to modify or discontinue
the Service (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 the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively
online through the website. These products or services may have limited
quantities and are subject to return or exchange only according to our Return
Policy.

We have made every effort to display as accurately as
possible the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor’s display of any color will be
accurate.

We reserve the right, but are not obligated, to limit the
sales of our products or Services to any person, geographic region or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve
the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at
anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.

We do not warrant that the quality of any products,
services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card, and/or
orders that use the same billing and/or shipping address. In the event that we
make a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the order
was made. We reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase
and account information for all purchases made at our store. You agree to
promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can complete
your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over
which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such
tools ”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no liability
whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is
entirely at your own risk and discretion and you should ensure that you are
familiar with and approve of the terms on which tools are provided by the
relevant third-party provider(s).

We 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 also be subject to these
Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our
Service may include materials from third-parties.

Third-party links on this site may direct you to third-party
websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or websites, or
for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions
(for example contest entries) or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether online, by
email, by postal mail, or otherwise (collectively, ‘comments’), you agree that
we may, at any time, without restriction, edit, copy, publish, distribute,
translate and otherwise use in any medium any comments that you forward to us.
We are and shall be under no obligation (1) to maintain any comments in
confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.

We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of
Service.

You agree that your comments will not violate any right of
any third-party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain
any computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is
governed by our Privacy Policy. You can view our Privacy Policy here.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the
Service that contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, pricing, promotions, offers, product shipping
charges, transit times and availability. We reserve the right to correct any
errors, inaccuracies or omissions, and to change or update information or
cancel orders if any information in the Service or on any related website is
inaccurate at any time without prior notice (including after you have submitted
your order).

We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related website
has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms
of Service, you are prohibited from using the site or its content: (a) for any
unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features
of the Service or any related website, other websites, or the Internet. We
reserve the right to terminate your use of the Service or any related website
for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY

We do not guarantee, represent or warrant that your use of
our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from
the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service
for indefinite periods of time or cancel the service at any time, without
notice to you.

You expressly agree that your use of, or inability to use,
the service is at your sole risk. The service and all products and services
delivered to you through the service are (except as expressly stated by us)
provided ‘as is’ and ‘as available’ for your use, without any representation,
warranties or conditions of any kind, either express or implied, including all
implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nama Brands LLC, our directors, officers,
employees, affiliates, agents, contractors, interns, suppliers, service
providers or licensors be liable for any injury, loss, claim, or any direct,
indirect, incidental, punitive, special, or consequential damages of any kind,
including, without limitation lost profits, lost revenue, lost savings, loss of
data, replacement costs, or any similar damages, whether based in contract,
tort (including negligence), strict liability or otherwise, arising from your
use of any of the service or any products procured using the service, or for
any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any
loss or damage of any kind incurred as a result of the use of the service or
any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Nama
Brands LLC and our parent, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors,
suppliers, interns and employees, harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third-party due to or arising out of
your use of our products, your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights
of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is
determined to be unlawful, void or unenforceable, such provision shall
nonetheless be enforceable to the fullest extent permitted by applicable law,
and the unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred
prior to the termination date shall survive the termination of this agreement
for all purposes.

These Terms of Service are effective unless and until
terminated by either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or when you
cease using our site.

If in our sole judgment you fail, or we suspect that you
have failed, to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of termination;
and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
or provision.

These Terms of Service and any policies or operating rules
posted by us on this site or in respect to the Service constitutes the entire
agreement and understanding between you and us and govern your use of the
Service, superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

This site is operated from the USA. All matters arising out
of or relating to these Terms of Service and any separate agreements whereby we
provide you Services are governed by and construed in accordance with the
internal laws of the State of New York without giving effect to any choice or
conflict of law provision or rule (whether of the State of New York or any
other jurisdiction) that would cause the application of the laws of any
jurisdiction other than those of the State of New York.

SECTION 19 – MANDATORY BINDING ARBITRATION

(a) YOU AND NAMA BRANDS LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

Any dispute, claim, interpretation, controversy, or issues
of public policy arising out of relating to this Agreement, including the
determination of the scope or applicability of this Section 19, will be
determined exclusively by arbitration held in New York, New York, and will be
governed exclusively by New York State Civil Practice Law and Rules, §§ 7501,
et seq., and the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (collectively,
“Arbitration Laws”)

The arbitrator will be selected from the roster of
arbitrators at American Arbitration Association, in New York, New York (“AAA”),
unless You and Nama Brands LLC agree otherwise. If You and Nama Products LLC
do not agree on the selection of a single arbitrator within ten days after a
demand for arbitration is made, then the arbitrator will be selected by AAA
from among its available professionals. Arbitration of all disputes and the
outcome of the arbitration will remain confidential between You and Nama Brands
LLC except as necessary to obtain a court judgment on the award or other relief
or to engage in collection of the judgment.

You and Nama Brands LLC irrevocably submit to the
exclusive jurisdiction of the state courts located in New York, New York, with
respect to this Section 19 to compel arbitration, to confirm an arbitration
award or order, or to handle court functions permitted under Arbitration Laws.
You and Nama Brands LLC irrevocably waive defense of an inconvenient forum to
the maintenance of any such action or other proceeding. You and Nama Brands
LLC may seek recognition and enforcement of any New York state court judgment
confirming an arbitration award or order in any United States state court or
any court outside the United States or its territories having jurisdiction with
respect to recognition or enforcement of such judgment.

You and Nama Brands LLC waive any right of removal to the
United States federal courts to compel arbitration, to confirm any arbitration
award or order, or to seek any aid or assistance of any kind.

(c) You agree to an arbitration on an individual basis. In
any dispute, NEITHER YOU NOR NAMA BRANDS LLC WILL BE ENTITLED TO JOIN OR
CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

SECTION 20 – WAIVER OF THE DEFENSE OF ILLEGALITY

YOU HEREBY AGREE TO WAIVE ANY DEFENSE AGAINST THE
ENFORCEMENT OF THIS AGREEMENT BY US ARISING OUT OF THE DOCTRINE OF ILLEGALITY
AND/OR ANY PUBLIC POLICY ARGUMENTS SURROUNDING THE SUBJECT MATTER OF THIS
AGREEMENT OR ANY PRODUCTS PURCHASED FROM US.

SECTION 21 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of
Service at any time at this page.

We reserve the right, at our sole discretion, to update,
change or replace any part of these Terms of Service by posting updates and
changes to our website with or without advance notice to you. It is your
responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any
changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 – ASSUMPTION OF RISK

By agreeing to these Terms, you acknowledge that there are
federal, state, and local laws pertaining to cannabinoids, including
cannabis-derived products, and these laws vary by jurisdiction. You are responsible
for compliance with all the laws of your jurisdiction, and you assume all
liability with regard to the purchase, possession, and use of our products. Any
and all claims you may have against us that arise from, or are related to, a
civil or criminal enforcement action against you shall be governed by, and
subject to, the dispute resolution terms in Section 22 herein.

SECTION 23 – ASSIGNMENT

You will not assign any of your rights or delegate any of
your obligations under these Terms without our prior written consent. Any
purported assignment or delegation in violation of this Section 23 is null and
void. No assignment or delegation relieves you of any of your obligations under
these Terms.

SECTION 24 – NO WAIVERS

The failure by us to enforce any right or provision of these
Terms will not constitute a waiver of future enforcement of that right or
provision. The waiver of any right or provision will be effective only if in
writing and signed by a duly authorized representative of Nama Brands LLC.

SECTION 25 – NO THIRD-PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights
or remedies upon any person other than you.

SECTION 26 - FOOD AND DRUG ADMINISTRATION (FDA) DISCLOSURE

Statements on this website have not been evaluated by the
Food and Drug Administration. All products sold by Nama Brands LLC are not
intended to diagnose, treat, cure, or prevent any disease.

SECTION 27 - THC DISCLAIMER

All cannabis products may or do contain detectable amounts of THC. Purchase with
discretion.

SECTION 28 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at
hello@namabrands.com.

 

SECTION 29 – CONFIRMATION OF AGE

BY USING OUR WEBSITE YOU CONFIRM YOU ARE 21 OR OLDER

Contact us:

Email: hello@namabrands.com