Terms of Use
Last Updated June 7, 2025
PLEASE READ THESE TERMS & CONDITIONS BEFORE USING THE WEBSITE OR ORDERING FROM NOKA ORGANICS, LLC
INTRODUCTION
These Terms and Conditions ("Agreement" or "Terms") constitute a binding written agreement between Noka Organics, LLC (collectively "Noka”, the “Company” "we," "us," or "our") and you ("you" or "Customer"). To make these Terms easier to read, the services offered by, and on, https://www.nokaorganics.com/ ("Website") are collectively called "Services."
THIS WEBSITE IS OPERATED BY THE COMPANY. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE. THESE TERMS OF USE DESCRIBE YOUR LEGAL RIGHTS AND RESPONSIBILITIES, AND BY ACCESSING OR USING THE WEBSITE OR SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THIS AGREEMENT. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF THE SITE ALONG WITH THE RELATED SERVICES, FEATURES, CONTENT, AND OFFERS PROVIDED ON THE WEBSITE. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, YOU MAY NOT ACCESS OR USE THIS WEBSITE. IF YOU DO NOT UNDERSTAND AND AGREE TO ALL OF THESE TERMS, YOU SHOULD CEASE ALL USE OF OUR SITES AND LOGOFF IMMEDIATELY. YOUR USE OF THIS WEBSITE, PURCHASE, OR USE OF ANY OF OUR PRODUCTS CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.
PLEASE NOTE: THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY AND AN ARBITRATION CLAUSE WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS.
THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH COMPANY ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU ALSO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
PLEASE READ THESE TERMS CAREFULLY.
1. ACCEPTANCE OF TERMS AND CONDITIONS
By making any use of our Website ("Website" or "sites"), Services, and any purchase from us, you expressly agree to the terms contained herein.
You consent and agree that your use of a keypad, mouse or other device to select an item, button, icon, checkbox, to enter text, or to perform a similar act/action, while using our sites, for the purpose of accessing or making any transactions regarding any agreement, acknowledgment, consent, terms, disclosures or conditions, constitutes your signature, including without limitation of the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") acceptance and agreement as if actually signed by you in writing. Be advised that all activity and IP address information may be monitored. The right to use any product or service you purchase from us is personal to you and is not transferable to any other person or entity.
2. CHANGES TO TERMS OR SERVICES
We reserve the right to make changes to the sites, policies, and to this Agreement at any time and without notice. You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of our sites or of any purchased product or service following any future amendment constitutes your acceptance of any modified terms. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us. If you have any questions regarding these terms, please contact us via the “Contact Us” link at www.nokaorganics.com or via email at hello@nokaorganics.com
3. AGE REQUIREMENT, YOUR ACCOUNT
You must be 18 years or older to use our Site. Minors under 18 and at least 13 years of age are only permitted to use our Site through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision.
Children under 13 years are not permitted to use the Site. You represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use the Site.
You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products available that you may want to consider using to limit a minor's access to material online.
To access this Site, you may be asked to provide certain information, including, but not limited to, personal information. We will treat any personal information that you submit through this Site in accordance with our Privacy Policy.
You may need to create an account with a username and password to access certain portions of our Site. By creating an account, you represent and warrant that the information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your account passwords, and you are solely responsible for all purchases and other activities that occur under your account. We reserve the right to require you to change your password if we believe your account is no longer secure.
You agree to provide accurate information about yourself. You will not use false information or impersonate another person or company through your account.
4. USER CONTENT, FEEDBACK, AND OTHER SUBMISSIONS
Company may include features on our Site or on our social media accounts that allow you to share your communications or content (“User Content”) with us and with other users of our Site. You agree you will not send, upload or transmit any User Content of any type that infringes, misappropriates, or otherwise violates any rights of any party or violates these Terms. By submitting or otherwise exchanging User Content with us, you understand that all such information, whether publicly posted or privately transmitted, is your sole responsibility as the individual or person that submitted such User Content. You further agree that such User Content will not be considered or treated as confidential and may be seen, read, used or re-transmitted by Company or other users of our Site or viewers of our social media accounts. You explicitly represent and warrant that you are the owner of any User Content that you submit or cause to be submitted or have all rights and licenses necessary regarding such User Content, and hereby grant Company a royalty-free, perpetual, irrevocable, unrestricted world-wide, transferable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, adapt, transform, distribute, transmit, broadcast, publicly perform and publicly display such User Content in any media or medium, or any form, format or forum, now known or hereafter developed. Company may sublicense its rights to any User Content through multiple tiers of sublicenses. You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials for such User Content. Company may remove any User Content on our Site or social media accounts at any time in our sole discretion and without notice to you, subject to applicable consumer protection and other laws.
Any feedback, suggestions, testimonials, reviews, questions, comments, ideas, notes, concepts, and other similar information relating to us, our products, or this Site that you provide to us in any form or media, including photos or videos (collectively, “Feedback”) is considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish such Feedback for any purpose, without compensation to you, but we are not obligated to (i) use your Feedback in any way; (ii) to maintain any Feedback in confidence; (iii) to pay compensation for any Feedback; or (iv) to respond to any Feedback. The term “Feedback” does not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information that you may provide to us, provided that we may use and publish your name and/or geographic location alongside your review or testimonial if you provide that information to us. Company may remove any Feedback on our Site or social media accounts at any time in our sole discretion and without notice to you, subject to applicable consumer protection and other laws.
You agree that you will not provide any User Content or Feedback that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of the Agreement. You also agree not to post any content that is false and misleading or uses the Site in a manner that is fraudulent or deceptive. 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 User Content or Feedback.
We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates the intellectual property rights of any person or these Terms of Service. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any User Content or Feedback provided by you or another third party.
In addition, Company or its authorized partners may operate sweepstakes, contests and promotions ("Promotions") through our Site or social media accounts. You should carefully review the official rules ("Official Rules") of each Promotion in which you participate, as they may contain additional important information about Company’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of such Official Rules conflict with these Terms, the terms and conditions of such Official Rules for each Promotion will control for that Promotion.
5. YOUR USE OF OUR SITE
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Site subject to the terms of the Agreement and the following restrictions in particular:
You will not (and may not solicit others to) use our products, the Site, or any Site content:
for any unlawful purpose or in violation of any applicable international, federal, provincial or state regulations, rules, laws, or local ordinances;
To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To submit false or misleading information;
To upload or transmit viruses, worm, Trojan horse, time bomb, spyware, 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 Site or of any related website, other websites, hardware, software or equipment, or the Internet;
To collect or track the personal information of others;
To spam, phish, pharm, pretext, spider, crawl, or scrape or in any way reproduce or circumvent the navigational structure or presentation of our Site, without our express prior written consent;
For any obscene or immoral purpose; or
To interfere with or circumvent the security features the Site or any related website, other website, or the Internet.
You are prohibited from posting or transmitting, through or in connection with our Site:
Any unlawful, threatening, defamatory, scandalous, deceptive, fraudulent, tortious, obscene, pornographic, inflammatory, hateful, profane or infringing material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
Any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
You will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of or access to our Site;
You will not, except as expressly permitted by applicable law, modify, adapt, translate, reverse engineer, decompile or disassemble any portion of our Site; and
You will not remove any copyright, trademark or other proprietary rights notices from our Site or from materials originating from our Site.
The Company neither endorses nor is responsible for the accuracy or reliability of any opinion or statement on the sites, nor for any offensive, defamatory or obscene posting made by any user. Under no circumstances will the Company be liable for any loss or damage caused by your reliance on information obtained through the content on the sites. It is your responsibility to evaluate the accuracy, completeness and usefulness of any information, opinion or other content available through the sites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion or other content.
6. OUR INTELLECTUAL PROPERTY RIGHTS
All content on this Site, including text, hidden text within our source code, software, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content. Unless expressly stated otherwise, you may not modify or otherwise exploit the content on our Site in any way or form without our prior express written permission.
All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our licensors. Specifically, the name “NOKA” and the other Noka marks, phrases, logos, and designs that we use in connection with our Site are trademarks, service marks, or trade dress of Noka in the US and other countries. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos that we or any third party own.
No right, title, or interest in or to this Site or any content on this Site is transferred to you, and all rights not expressly granted are reserved by us. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any materials contained or distributed in this Site.
7. THIRD PARTY TOOLS AND WEBSITES
Third-Party Tools. We may provide you with access to third-party tools (“Third-Party Tools”) through our Site 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 Third-Party 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 such Third-Party Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Third Party Websites. Certain content, products and services available via our Site may include materials from persons that are not affiliated with us (“Third Parties”), and the Site may contain links that direct you to websites operated by Third Parties. We are not responsible for examining or evaluating the content, and we do not warrant and will not have any liability or responsibility for, any Third-Party websites or materials available therein. When you access any such Third-Party materials or website, you do so at your own risk. 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 website. Please review carefully the Third Party's policies and practices and make sure you understand them before you engage in any transaction involving them. We are not a party to those agreements; they are solely between you and the Third Party. Complaints, claims, concerns, or questions regarding Third-Party products and services should be directed to the Third Party.
8. AUTO-RENEWAL PROGRAM
If you are purchasing our services or products and enrolling in one of our auto-renewal programs in which you have requested that we automatically provide services or products to you at regularly scheduled times (the “Program”), your membership in the Program will remain in effect until cancelled. When you place your first order and enroll in the Program, you will have the opportunity to select an interval for the timing of each order. However, you may change the interval at any time, and you may opt to skip orders. We will email you in advance of shipping each order to remind you that we will be charging your payment method. If you sign up for the Program on the Site in connection with your purchases, the manner of payment you provide, including but not limited to a payment card, will be automatically charged for the purchase price of the products, plus applicable tax, shipping, and handling charges. You must provide current, complete, and accurate information for your shipping and billing accounts. You are responsible for ensuring this information is correct and must promptly update all information to keep your account current, complete, and accurate (for example, to reflect changes in shipping or billing address, credit card number, credit card expiration date, and security code). Shipments sent to the address of record are deemed complete upon shipment; we are not responsible for your failure to receive a shipment sent to your address of record in the event you have moved or for any other reason. You must promptly notify us if your credit card or alternative payment method is cancelled or no longer valid (for example, due to theft or loss). You may make changes to your account in the customer portal, or by contacting us via the Contact Us link on the Site, or by emailing us at hello@nokaorganics.com. If you sign up for the Program, you will be charged regularly and automatically for, and delivered, the selected products until you cancel your participation in the Program. By participating in the Program, you agree that we may send you additional regularly scheduled shipments and charge you for the product(s), applicable taxes, and shipping and handling charges, WITHOUT OBTAINING ANOTHER PAYMENT AUTHORIZATION FROM YOU. These subsequent charges will be placed on the payment card or alternative payment method you provided when you enrolled in the Program or update thereafter. You agree that we will not be responsible in any manner for any overdraft charges, interest charges late or other fees, or damages (including consequential damages) you may incur as a result of charges placed on your payment card or alternative payment method.
THE AUTO-RENEWAL PROGRAM WILL REMAIN IN EFFECT UNTIL YOU CANCEL IT. IF YOU WISH TO CANCEL YOUR PARTICIPATION IN THE PROGRAM AND DISCONTINUE SHIPMENT OF FUTURE SERVICES OR PRODUCTS, YOU MAY DO SO BY LOGGING IN TO YOUR ACCOUNT IN THE CUSTOMER PORTAL AND SELECTING “MANAGE SUBSCRIPTIONS” OR BY EMAILING US AT hello@nokaorganics.com OR VIA THE CONTACT US LINK ON THE SITE.
If you cancel your subscription after we have shipped your order, at our discretion, we may instruct you to keep or return the final Program order. We may, in our sole discretion, terminate your participation in the Program at any time without notice to you. We reserve the right to refuse or discontinue the automatic provision of services or products to anyone or any account at any time in our sole discretion.
9. TERMINATION
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by terminating your account with Company, or ceasing to use our Site. Terminating your account and these Terms will not affect the availability of some of your User Content that you posted on our Site or social media accounts prior to termination or your obligation to pay any amounts due to Company.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms, we may terminate or suspend your account (and any accounts Company determines are related to you or your account) and your access to the Site without notice. In the event of such termination, your rights to continue to use our Site terminates immediately, and you will remain liable for all amounts due up to and including the date of termination.
Company reserves the right to change, suspend, or discontinue all or any portion of the Site for you, any or all users, at any time, for any reason. We will not be liable to you for the effect that any changes to the Site may have on you.
If you or Company terminate your account, you may lose any information associated with your account, including your User Content. The terms of the Agreement apply to any rights or obligations of either party for so long as you are accessing and using the Site and continue for any claims arising out such access or use.
Upon termination or expiration, all rights granted to you under these Terms will terminate; however, any provisions of these Terms that by their nature shall survive any termination of these Terms.
10. ERRORS, INACCURACIES AND OMISSIONS
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Occasionally there may be information on our Site 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 on the Site 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 on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.
11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer. YOU UNDERSTAND THAT OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE WILL MEET YOUR EXPECTATIONS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THIRD-PARTY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DISCLAIM ALL EQUITABLE INDEMNITIES. YOU USE THE SITE SOLELY AT YOUR OWN RISK.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO CASE SHALL COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE TO YOU FOR ANY INJURY, LOSS, CLAIM, OR ANY 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 OUT OF OR IN CONNECTION WITH THE SITE OR THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY PRODUCT, THE SITE, OR SITE CONTENT, EVEN IF ADVISED OF THEIR POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, AND UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, IN NO EVENT SHALL THE COMPANY PARTIES’ AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD). NO CLAIM OR ACTION ARISING FROM OR CONCERNING OUR SITE OR OTHERWISE HEREUNDER MAY BE BROUGHT LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE SHORTENING OF THE APPLICABLE STATUTE OF LIMITATIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN CERTAIN JURISDICTIONS, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION
Except to the extent prohibited by law, you agree to indemnify, defend and hold harmless Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, costs, liabilities and settlements, including without limitation reasonable attorneys’ fees, made by any third-party arising out of or related to (a) your breach of the Agreement; (b) your use of, or activities in connection with, our Site; and (c) your violation of any law or the rights of a third-party, including any allegation that User Content from you infringes, misappropriates, or otherwise violates the intellectual property, publicity, privacy or other proprietary rights of others or violates these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
13. GOVERNING LAW; DISPUTE RESOLUTION - ARBITRATION
The Agreement and all claims related thereto is governed by and shall be construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles, and the United States Federal Arbitration Act. All activity occurring in connection with the Site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of California.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Informal Dispute Resolution Process
The parties shall attempt in good faith to resolve any dispute arising out of or relating to these Terms promptly by negotiation between individuals who have authority to settle the controversy. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
For any Disputes (as defined herein) with Company, you must first send your name, address, telephone number, email address, and sufficient information for Company to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: hello@nokaorganics.com You and Company agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and Company. If either party to the Dispute is represented by counsel, that party's counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after Company’s receipt of the written description detailed above, you and Company agree to the further dispute resolution provisions below.
Arbitration Agreement
You and Company agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns ("Dispute(s)"), shall be resolved through binding and confidential arbitration, except that either you or we may assert claims in small claims court if those claims qualify under applicable law. Please note that you and Company are choosing to have claims and disputes resolved by arbitration. This arbitration obligation applies regardless of whether the claim or dispute involves a warranty, tort, fraud, misrepresentation, product liability, negligence, violation of a statute, or any other legal theory. Unless you opt-out of arbitration as set forth below, the arbitrator, and not any federal, state or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this arbitration provision, including any claim that all or any part of this arbitration provision is void or voidable. There is no judge or jury in arbitration, the arbitration will be subject to different rules than the rules that would apply in court, and court review of arbitration awards is very limited. However, an arbitrator can award on an individual basis the same damages and other relief as a court (including injunctive and declaratory relief and statutory damages), and must follow the Agreement, as a court would.
Waiver of Jury Trial
YOU AND WE SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EACH OF US EXPRESSLY WAIVES THE RIGHT TO BRING A LAWSUIT IN COURT BASED ON ANY CLAIMS OR DISPUTES DESCRIBED ABOVE, AND THAT YOU AND WE EXPRESSLY WAIVE THE RIGHT TO HAVE SUCH LAWSUIT RESOLVED BY A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION. AS SUCH, YOU AND WE HEREBY AGREE TO RESOLVE ANY AND ALL CLAIMS DESCRIBED IN SECTION ABOVE VIA INDIVIDUAL BINDING ARBITRATION PER THE TERMS AND CONDITIONS SET FORTH IN THIS SECTION 12.
Waiver of Class or Consolidated Actions
YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING YOUR RIGHTS TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
All arbitrations under the Terms shall be conducted on an individual, and not on a class-wide, basis, and an arbitrator shall have no authority to certify a class or award class-wide relief. The arbitrator is authorized only to award relief on behalf of the individual parties and only to their extent of their individual claims.
You acknowledge and agree that unless otherwise agreed in writing by you and Company, with regard to any claims hereunder, you may not seek to, and an arbitrator or court may not, join or consolidate your claims with any other similar claims. You agree you will not proceed in any court or arbitration proceedings as a representative of others (including in the capacity of a private attorney general), join in any court or arbitration proceedings brought by any other person, and understand that you may not be included as a member of any class that may be certified by a court or arbitrator. Your waivers of your rights to bring or participate in court proceedings and as a representative or member of a class applies specifically, but is not limited to, claims brought under California’s Unfair Competition Law, False Advertising Act and its Consumer Legal Remedies Act, Ohio’s Unfair and Deceptive Trade Practices Act and any other state consumer protection laws.
If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular dispute seeking relief on a class or representative basis, neither you nor Company is entitled to arbitration; provided, however, that such finding will not invalidate the agreement of the parties to arbitrate disputes on an individual basis. Any claims brought or asserted on an individual basis remain subject to arbitration pursuant to this Arbitration Agreement, irrespective of the unenforceability of the Class Action Waiver.
Nothing in this waiver shall be construed to prevent the application by AAA of its Mass Arbitration Supplementary Rules or any successor rules designated by the AAA for managing numerous similar individual arbitration demands.
Venue
Such arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules and, if applicable, its Mass Arbitration Supplementary Rules. The tribunal will consist of one arbitrator. The arbitration will take place in Los Angeles County, California, United States. If this location is not feasible, the arbitration shall occur in a location of Company’s choosing. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Each Party shall pay its own fees and costs of its own attorneys, experts and witnesses incurred in connection with any arbitration or court proceeding between the parties, notwithstanding any provision awarding attorneys’ fees to a prevailing party that may be a part of any statute under which you or we may bring a claim.
Opt-Out
You may opt out of the provisions of this Sections 12 by sending a notice (“Rejection Notice”) to Company no later than sixty (60) days after your first consent to the Agreement or to any subsequent revisions to this Section 12. If you opt out of a subsequent revision, you will remain bound by the prior version of this Section unless you previously opted out of that version. You must mail the Rejection Notice by certified mail return receipt requested or messenger service (e.g. Federal Express) to 6440 Highway 224, PO Box 980931, Park City, UT 84098 USA. Such opt-out must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms arbitration provisions.
In the event of any dispute concerning whether you provided a Rejection Notice within sixty (60) days, you must provide a signed receipt confirming Company received the Rejection Notice within sixty (60) days. You may opt out of the Agreement in its entirety by not using the Site.
14. Electronic Communications Notice
When you use our Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the applicable portions of our Site. You may update your information for notice purposes by logging in to your account. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to withdraw your consent for us to communicate with you electronically, you must terminate your account (if any) and you may not use our Site.
15. Miscellaneous
Interpretation. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Entire Agreement. These Terms, together with the Privacy Policy, and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us and govern your use of the Site, 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).
Waiver; Severability. The failure of Company 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 such right or provision will be effective only if in writing and signed by a duly authorized Company representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. 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, the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and Company or any of Company affiliates. Company and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
Assignment and Delegation. You may not assign or delegate any rights or obligations under these Terms, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may freely assign or delegate any and all rights and obligations under these Terms without notice to you.
Consumer Protection; Notices. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about the Site must be sent via mail or courier to: 6440 Highway 224, PO Box 980931, Park City, UT 84098, USA. Regardless of which method is used, you must ensure that where available, a tracking service is used.
Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
All notices will be in writing and will reference these Terms. We may notify you using the information you provided, including by email. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. The address for Company for notice purposes is: 6440 Highway 224, PO Box 980931, Park City, UT 84098.
Contact Information. Questions about these Terms of Service should be sent to us at hello@nokaorganics.com