NAMI TERMS OF USE

Effective Date: July 12, 2019

PLEASE READ

These Terms of Use govern your use of the Nami ML Inc. (“Nami”) website (“Site”).  These Terms of Use are not intended to control or conflict with any agreement you may have entered into with us to use our Nami SaaS software, Nami API, Nami SDK and services (the "Nami Platform") or Nami Mobile Apps ("Apps"), collectively ("Services").

Please read these terms and conditions carefully before using this Site.  By accessing or using this Site, you agree to be bound by these Terms of Use.  If you do not agree, please immediately discontinue accessing this Site. 

Content

This Site may provide general information about our products and services.  Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance.  We may discontinue or make changes to the information, products, licenses, or services described on this Site at any time. We reserve the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products, or services via this Site, no solicitation is made by us to any person to use such information, products, or services in jurisdictions where the provision of information, products, or services is prohibited by law.

This Site may contain links to third-party websites, which we do not own or control, but which are being provided for your convenience. If you visit a link to another website, you do so at your own risk subject to the terms and conditions established by the operator of that website. The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website's owners or sponsors.  We reserve the right to terminate a link to a third-party website at any time.

Although we try to provide accurate and timely information on this Site, there may be inadvertent, technical, or factual inaccuracies and typographical errors.  For these reasons we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on this Site.  Any dated information is published as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such information.  

This Site's content, including but not limited to all music, images, icons, text, software, logos, expressions, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions.  In addition, this Site's content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes.  While using the website, you are prohibited from engaging in any of the following activities:

·      You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the website or its content.

·      You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website by any illegitimate means.

·      You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the website or our systems or networks.

·      You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on the website, or with any other person’s use of the website.

·      You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity while using the website.

·      You may not use the website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.

·      You may not post on or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, immoral, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

 Any commercial use of this Site or its content is prohibited. You may print a copy of the information contained on this Site only for your personal use.  This right may be revoked at any time.

Site Access

To access our Site and submit applications, you will need a working connection to the Internet via a web browser on your device for which you are responsible for all costs, expenses, and fees. 

From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons the Site may not be available for your use. We minimize the periods of time during which the Site is unavailable. You agree that we shall not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of the unavailability of the Site, regardless of whether it could be shown that we could have prevented or reduced the duration of such unavailability by taking any action within our reasonable control. We shall also not be responsible for any loss, damages, costs, or expenses which you may suffer or incur, directly or indirectly, as a result of your inability to access the Site caused directly or indirectly, in whole or in part, by your device, your inability to establish a connection to the Internet, your Internet Service Provider (“ISP”), or capacity or other limitations or constraints of the Internet.  

We may at any time, with or without cause, and without prior notice to you deny you access to the Site.  We may terminate these Terms of Use and your access to the Site in whole or in part at any time without prior notice to you.  In the event we terminate this Terms of Use, any applications you have submitted will continue to be evaluated, and any existing transactions you have entered into with us shall remain in effect.

The Site is not intended for use by persons in any jurisdiction or country where such use would be contrary to applicable laws or regulations.  We may restrict your access to the Site during times you are in another country or jurisdiction.  You are responsible for compliance with all local laws.

If you submit an e-mail address to us through this Site, we may use your e-mail address to communicate with you electronically. E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including the possibility of unauthorized access, failure to receive e-mails because they have been misdirected or sent to a spam folder, and your inability to access e-mail due to power outages, hardware, or software malfunctions or failures of your device, or matters affecting the Internet or your access to the Internet. Do not rely on e-mail if you need to contact us immediately.  For security reasons, we may not be able to respond to certain e-mail requests.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on this Site.  It is a good idea to protect your security by always closing your web browser after leaving the Site.  If you believe that information that you have submitted through the Site has been used without your permission, you must tell us immediately. Telephoning us is the best way of keeping your possible losses to a minimum. Call us at +1 321 754 6264 to report any unauthorized access. If you fail to notify us, you may be liable for all unauthorized activity on your account. 

Limitations of Liability

THIS SITE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT MAY ARISE IN CONNECTION WITH THIS SITE, OR FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION PROVIDED ON THIS SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU; EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF THIS SITE, THE WEB, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMATES, VIDEO, OR AUDIO FROM THIS SITE OR THE WEB.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON THIS SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys' fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

Other Terms & Conditions

These Terms of Use will be governed by the laws of the United States and the State of Colorado without giving effect to any conflict of laws to the contrary.

No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use. 

If any terms in these Terms of Use change due to applicable law or is declared invalid by order of a court, the remaining terms of these Terms of Use will not be affected, and these Terms of Use will be interpreted as if the invalid terms had not been placed in these Terms of Use. The headings in these Terms of Use are intended only to help organize these Terms of Use.

You can contact us at legal@nami.ml if you have any questions about this Terms of Use or the Site.

Changes to these Terms of Use

You agree that we may from time to time amend all or any part of these Terms of Use, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through this Site and changing the features and functionality to this Site. We will notify you electronically of any change to these Terms of Use as required by applicable law. Any such changes shall take effect as soon as they are posted on this Site.  Your use of the Site after the effective date of the change shall constitute your agreement to be bound by the terms of the change.  You should review these Terms of Use periodically for any such changes.