Terms of Service

A1. Last modified on May 21 2020. You are now reading ndaya.com terms of service, meaning the contract between you and ndaya.com when you use ndaya.com site and services. You should read this carefully before you use ndaya.com. If you have any questions or suggestions, please feel free to email us at support@ndaya.com

1. Accepting the Terms of Service

PLEASE NOTE: THE SECTION OF THESE TERMS OF USE ENTITLED “DISPUTE RESOLUTION” CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE ARBITRATED ON AN INDIVIDUAL BASIS, AND PROHIBITS CLASS ACTION CLAIMS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND WISH ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

Privacy Policy Last modified on May 22, 2020 ndaya.com, Inc.

(“ndaya.com” "Company," Know that our users ("you," "your") care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By visiting or using ndaya.com website and domain name, and any other linked pages, features, content, or any other services we offer from time to time by in connection therewith (collectively, the "Website"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways. Any capitalised terms used herein without definition shall have the meaning given to them in the Company Terms of used. A1

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Website. For all orders and purchases made through ndaya.com, please see our Terms of services, and in particular, the section "Purchases on ndaya.com," for information about the data we collect and share when you make a purchase through ndaya.com. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. We do not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services (as that term is defined in our Terms and uses). If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to us or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at support@ndaya.com

What personal information does ndaya.com collect?

The information we gather from customers enables us to personalize and improve our services and to allow our users to set up a user account and profile that can be used to interact with other users through the Website. We collect the following types of information from our customers: Personal information you provide to us We receive and store any information you provide to us. The types of Personal Information collected may include your real name, username, email address, IP address, location, browser information, browsing history, transactions, listings created, comments and reviews posted, and any other information necessary for us to provide our services as well as credentials you provide us to link your ndaya.com account with third-party services such as Facebook and Twitter. If you provide your third- party account credentials to us, you understand some content and/or information in those accounts ("Third Party Account Information") may be transmitted into your account with us if you authorise such transmissions, and that Third Party Account Information transmitted to our Website is covered by this Privacy Policy. You can choose not to provide us with certain information, but then you may not be able to register with us or to take advantage of some of our features. We may anonymise your Personal Information so that you cannot be individually identified, and provide that information to our partners.

Personal information collected automatically

• Whenever you interact with our Website, we automatically receive and record information on our server logs from your browser including your IP address, "cookie" information, and the page you requested.
• ”Cookies" are identifiers we transfer to your computer through your browser that allow us to recognize your browser or mobile device and tell us how and when pages in our site are visited and by how many people. We may also record the referring page that linked you to us; the page you visit after our site; the ads you see; the ads you click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this > Web Site or a referral site; and other usage activity and data logged by our servers. You may be able to change the preferences on your browser to prevent or limit your computer's acceptance of cookies, but this may prevent you from taking advantage of ndaya.com's best features. Our advertising partners may also transmit cookies to your computer, when you click on ads that appear on our site. This Privacy Policy does not cover the use of cookies by any advertisers.
• When we collect usage information (such as the numbers and frequency of visitors to the Website), we only use this data in aggregate form, and not in a manner that would identify you personally. For example, this aggregate data tells us how often users use parts of the Website, so that we can make the Website appealing to as many users as possible. We may also provide this aggregate information to our partners, so that they can understand how often people use their services and our Website, so that they, too, can provide you with an optimal online experience. We never disclose aggregate information to a partner in a manner that would identify you personally.

Email and other communications

When you register for the first time on ndaya.com, you will be automatically opted in to receive email notices, which may include notification if someone sends you a message or invites you to join a ndaya.com list or group, new friend or follower requests, ndaya.com newsletters and announcements, notification of new activity on your lists, and notices about public ndaya.com activity by your friends or followers. We may receive a confirmation when you open an email from us. This confirmation helps us make emails more interesting and improve our service. If you do not want to receive email or other mail from us, please indicate your preference on your settings page, and by emailing us at "support@ndaya.com". If you elect to become a friend or follower of a Brand Profile Page (a store page in the ndaya.com community that displays brands, products or goods of a merchant), the administrator of the page may send you messages containing commercial and promotional messages. You may opt out of receiving those messages by following instructions that will appear on the in-system message. If you send an email using the service to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses, nor do we send them marketing messages. Other users may send emails and messages to you via the ndaya.com service. ndaya.com does not review these messages before they are sent to you. If you provide ndaya.com, Inc. with your mobile phone number at any time during the experience, including but not limited to a Third Party site, you agree that ndaya.com, Inc. may send you text messages (including SMS and MMS) to your phone number. You may opt out of receiving marketing or advertising text messages by contacting us at support@ndaya.com and providing the phone number that you would like opted out.

Will ndaya.com share any of the personal information it receives?

We neither rent nor sell your Personal Information to anyone. We share your Personal Information in personally identifiable form only as described below.

• Advertisers
  We may allow advertisers and/or merchant partners ("Advertisers") to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in New York to show you ads or offers for New York businesses or industrials, but we will not tell such businesses/individuals who you are. We may deliver a file to you through our ad network, anonymously. ndaya.com also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site.
• User profiles
  User profile information, including without limitation your name, email address, and other information ("User Submissions") may be displayed to other users if you chosen to enter such information on your user profile. Again, any content (including without limitation images, captions, and comments) you voluntarily disclose for other users to view on the Website is not Personal Information; it becomes publicly available and can be collected and used by others, and may be redistributed through the internet and other media channels. Additionally, if you sign into the Website through a third party social networking site or service, your list of "friends" from that site or service may be automatically imported to the Website, and such "friends," if they are also registered users of the Website, may be able to access certain non-public information you have entered in your Website user profile. Again, we do not control the policies and practices of any other third party site or service.
• Communication about the website
  As part of the Website and Services, you may receive communications from us, whether by email or other means. We and our agents may send you email, contact you, or engage you in other communication that we or they determine relate to your use of the Website.
• Promotional offers
  We may send offers to certain users on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send us an email at support@ndaya.com
• Protection of ndaya.com and others
  We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of ndaya.com, our employees, our users, or others. This includes exchanging information with other people, companies and organizations for fraud protection and credit risk reduction.
• With your conscent
  Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to prevent the sharing of this information.

Is personal information about me secure?

Your account is protected by a password for your privacy and security. If you access your account via a third-party site or service, you may have additional or different sign-in protections via that third-party site or service. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-in mechanism appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. We endeavor to protect the privacy of your account and other Personal Information we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. In the event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we will endeavor to do so as promptly as possible under the circumstances, and, we may do so by email. The Website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read that site's privacy policy.

What personal information can I access?

Through your user profile, you may access and, in some cases, edit or delete the following information you've provided to us. This list may change as the Website changes:

• Real name
• Location
• Interests and other shopping-related preferences;
• Username, password and email address;
• User social network credentials (e.g., Facebook, Twitter); and
• Other account and user profile information.

The information you can view, update, and delete through your user profile may change as the Website changes. If you have any questions about viewing or updating information we have on file about you, please contact us at ndayainfo@.com

What choices do I have?

• You can always opt not to disclose information, but keep in mind that some information may be needed to register with us or to take advantage of some of our special features.
• You may be able to add, update, or delete certain information as explained in Section V above. When you do so, however, we may maintain a copy of the unrevised information in our records. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.
• You may close your account via the 'Close Account' link on sittings Please note that some information may remain in our private records after the closing of your account.
• If you do not wish to receive email or other mail from us, please email us at support@ndaya.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Website, and you are responsible for reviewing such legal notices for changes.

Changes to this Privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.

Questions or concerns

If you have any questions or concerns regarding our privacy policies, please feel free to contact us anytime at support@ndaya.com We will make every effort to resolve your concerns.

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A1
                    Terms of Service
                    Last modified on May 22, 2018 

Welcome to ndaya.com! You are now reading ndaya.com's terms of service, meaning the contract between you and ndaya.com when you use ndaya.com's site and services. You should read this carefully before you use ndaya.com. If you have any questions or suggestions, please feel free to email us at support@ndaya.com

1. Accepting the Terms of Service
   Please read these Terms of Service, our Privacy Policy, and our Community Guidelines (collectively, the "Agreement") carefully before using ndaya.com (the "Site") and/or the other domains, products, services, and/or content provided by ndaya.com, Inc. (all of those collectively with the Site, the "Services") (ndaya.com, Inc., an Ivory Coast corporation, collectively with its agents, consultants, employees, officers and directors, "ndaya.com," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to become bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you shouldn't and aren't permitted to use the Services. Use of Ndaya.ci's Services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms.
2. Access to the Services The ndaya.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the "Website") are owned and operated by Company. Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and that have been selected by you (together with the Website, the "Services"), solely for your own use, and not for the use or benefit of any third party. The term "Services" includes, without limitation, use of the Website, any service Company performs for you and the Content (as defined below) offered by Company on the Website. Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified. Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at “support@ndaya.com”. You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and if you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
   Purchases on ndaya.com
   The following terms govern purchases you make through ndaya.com’s checkout system. These are items you have attempted to purchase, and/or have purchased, within ndaya.com's website or mobile application. This is different from purchases you may make on the websites of third-party brands that you were directed to via ndaya.com. Separate terms contained within ndaya.com’s Terms of Service govern those purchases made on third-party websites.
   Ordering
   All purchases through ndaya.com's checkout system and the Services are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase from. ndaya.com will inform you when an order is placed with a third-party brand, however, each third-party brand shall have 100% discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.
   Cancellations
   Whether you can cancel an order once payment is made shall be governed by the terms and conditions of the seller or at the discretion of ndaya.com for customer service reasons.
   Shipping and Delivery
   ndaya.com will provide you with a confirmation email that your order is received and is being processed. Once your order has been processed, ndaya, provide you a confirmation email that your order has been processed and accepted by the Seller. ndaya.com may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each Sellers. Any estimates ndaya.com may provide you with respect to shipping and/or delivery are simply estimates and based on the best information available to ndaya.com, however, you should not rely on these estimates in any way whatsoever. Please read the confirmation emails you receive from ndaya.com for additional information on how to contact the Sellers for additional information on the status of your order, shipping and delivery. These emails also contain instructions on the best ways to contact ndaya.com to help with any questions about your order.
   Returns
   Each Seller on ndaya.com has its own return policy and each order you make will be governed 100% by the terms and conditions of each Sellers, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional shipping costs associated with any returns. You acknowledge and accept that ndaya.com has absolutely no involvement, and/or control over, whether you will be permitted to return any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding returns.
   Refunds
   Much like “Returns” discussed above, each Seller on ndaya.com has its own refund policy and each order you make will be governed 100% by the terms and conditions of Sellers, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that ndaya.com has absolutely no involvement, and/or control over, whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to Seller from which you ordered regarding refunds.
   Payments
   ndaya.com uses a Paypal payment processor (the “Payment Processor”) to allow you to pay for products purchased through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. ndaya.com’s not responsible for errors by the Payment Processor. By choosing to purchase goods through the Services, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the PayPal terms and you authorize ndaya.com , via the Paypal Payment Processor only. Please be aware that items you are charged may include shipping fees and state and local sales tax. For each purchase, you grant ndaya.com the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where ndaya.com has already received payment from you. For example, in some instances, ndaya.com will charge you estimated State and local sales tax, and may revise the sales tax charge as necessary. You agree that (i) each order through the Services are purchases between you and the Seller, and not with ndaya.com ; and ndaya.com is not a party to your payment transaction for such purchases and ndaya.com is not a buyer or a seller in connection with all such transactions. IN ORDER FOR ANY BUYER TO BE ABLE TO PROCESS A PAYMENT, HE OR SHE, MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION, HE OR SHE MUST OWN OR CREAT A PAYPAL ACCOUNT FOR A PAYMENT PROCESS, HE OR SHE MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT VALID, COMPLETE AND ACCURATE.
   OUR Discretion And Your Recourse
   You agree that ndaya.com has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and ndaya.com, and/or you and any third-party brand, related to a purchase(s) made through the Services, can be resolved in its entirety by your receipt of a full refund for all amounts you were charged and paid.
   Website and Services Content
   The Website, the Services, and their contents are intended solely for the use of Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, images, illustrations—also known as the "Content," and which includes User Submissions (as defined below)—are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or SELLER submissions or other proprietary rights not owned by you: Without the express prior written consent of the respective owners, and in any way that violates any third party right. The Website and the Services are protected by copyright as collective works and/or compilations, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part. You may download or copy the Content (and other items displayed on the Website or Services for download), provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. If you link to the Website, Company may revoke your right to so link at any time, at Company's sole discretion. Company/Seller reserves the right to require prior written consent before linking to the Website. In the course of using the Services, you and other users may provide information which may be used by Company/Seller in connection with the Services and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, "User Submissions"), Company/Seller hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Services, the Website, and Company's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels; however, Company/Seller will only share your personally identifiable information in accordance with Company’s/Seller’s privacy policy in effect from time to time and located at support@ndaya.com/about/privacy. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.
   You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Furthermore, you understand that Company/seller retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Company does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.
   Under no circumstances will Company/Seller be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
   Restrictions ou warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; violates any law, statute, ordinance or regulation; is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; impersonates any person or entity, including without limitation any employee or representative of Company; restricts or inhibits any other user from using and enjoying the Services or Content; relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserver, any form of auto-responder, or "spam" on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services' infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
   Exclusivity
   You agree that by ndaya.com providing You the Services for free, You grant ndaya.com the exclusive right to work with You to promote brands and/or products on ndaya.com’s platform. This exclusive right covers all promotional activities of any kind involving the Services. You agree that any arrangement You make with a third-party to promote brands and/or products on ndaya.com is void unless you first obtain ndaya.com's written permission to enter such arrangement and waive its exclusive right.
   Warranty Disclaimer
   Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company/Seller makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Company makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased (whether or not following such recommendations and suggestions) are provided "AS IS" without any warranty of any kind from Company or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product or service. The services, content, website, products and services obtained through the website, and any software, are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. Some states do not allow limitations on how an implied warranty lasts, so the above limitations may not apply to you.
   Privacy Policy
   For information regarding Company's treatment of personally identifiable information, please review Company's current  privacy policy which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company's Privacy Policy.
   Registration and Security
   As a condition to using all or some aspects of the Services, you may be required to register with Company/Seller and select a password and user name ("Company User ID"). You shall provide Company/Seller with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (a) select or use as a Company/Seller User ID a name of another person with the intent to impersonate that person; or (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a Company User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password.
   Indemnity
   You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
   Limitation of Liability
   In no event shall company/Seller or its suppliers, or their respective officers, directors, employees, or agents be liable with respect to the website or the services or subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory (a) for any amount in the aggregate in excess of the greater of $100 or the fees paid by you for the services and any products or services purchased through the services during the 12-month period preceding the applicable claim; (b) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (c) for data loss or cost of procurement of any substitute goods or services; or (d) for any matter beyond Company’s/Seller’s reasonable control. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
   Termination
   This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
   Arbitration; Governing Law
   This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
   Copyright Dispute Policy
   Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of Company's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is Company's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
   Procedure for Reporting Copyright Infringements If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Contact
If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@ndaya.com