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NAMEFULLY TERMS OF USE

1. ACCEPTANCE OF TERMS

Namefully Inc. makes this website, www.namefully.com (the “Site”), including all information, documents, communications, files, images, text, graphics, descriptions, products (including all jewelry and related items available through the Site) and services available through the site (collectively, the “Materials”) and all services operated by Namefully and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Namefully may publish from time to time (collectively, the “Terms of Use”).

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or any purchase made through the site, you agree to and are bound by the Terms of Use. You agree that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is older. Namefully reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes.

Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates. All product information, including but not limited to, descriptions, materials, files, communications, documents, text, images are “Namefully Content” or “Site content.”

2 .PRODUCT AVAILABILITY, IMAGES, CERTIFICATION, CATALOG AND PRICING

Please note that given the nature of our business, jewelry may go out of stock before we have an opportunity to update that information on the website. You therefore understand that our online catalog is not a legal offer, but is rather contingent on availability or in legal terminology- invitation to treat, and the prices are subject to change without notice. In the event that the product you purchased is out of stock, we will either fully refund you or give you the alternate options that may suit your needs. While we certainly do our best to ensure the accuracy of product descriptions and prices, we cannot make such guarantees. As such, you recognize that the prices may be displayed incorrectly or inaccurately on our Site due to system or typographical errors.

Namefully may display images of its diamond, gemstone or crystal products online. You understand that these images are sample images representing the product’s characteristics in type and size; Namefully does not display images of each of its diamonds. Diamonds displayed on the Site do not represent the actual product that you will receive if you purchase the diamond product. Please keep in mind that the products we display in our online catalog may appear larger or smaller than the actual size of such products; likewise, the coloring of the products may appear slightly differently than actual product colors depending on your computer and monitor. Note that three dimensional (3D) images and sketches contain a level of inherent distortion. Nor can Namefully guarantee that your monitor’s display of any product color, texture or detail will be accurate.

When you chose a diamond you may find that the diamond went through a certification process by a gemological laboratory that provided information on the diamond that could include grading of the diamond's color, clarity, cut, etc. Namefully has no control on the certification process nor has any association with the gemological laboratory. Therefore it is your responsibility to study the diamond's certificate information and the gemological laboratory reputation. Since all diamond grading is subjective, you agree and declare that prior to purchasing a diamond you fully examined its accompanying certificate and made all needed inquiries on such certificate's issuing gemological laboratory and found them adequate to your needs.

In addition, Namefully does not warrant that product descriptions, certification or any other content are accurate, complete, reliable current or error free. If a product offered by Namefully is not as represented in the Site or the accompanying certificate as described, your sole remedy is to return it in unused condition and in compliance with the Namefully return policy. Namefully provides to its users general and educational material in order to convey general information to its users. You understand that Namefully is not an authority on the subject matters of stones, diamonds or jewelry , and your decision to purchase should not be based on this such information without independently verifying the educational information provided on the Site. While Namefully takes pride in the accuracy of the information it provides, Namefully cannot guarantee that the informational and educational material will be accurate at all times.

The celebrities shown on the Namefully.com site do not sponsor or endorse, and are not otherwise affiliated with, the Namefully.com site and/or Zoara, Inc. The photos used on the Namefully.com are for informational purposes and do not necessarily depict jewelry sold by Namefully.com.

Namefully reserves the right to refuse the fulfillment of any order, at any point pre or post order, at its discretion and without obligation to report the grounds for refusal should there be any. Placing an order with Namefully, including via the website, online checkout, chat, or via a phone representative, in no way binds the Site to fulfill an order. Order fulfillment is carried out in best business practice and in good faith; The site therefore reserves the right to decline fulfillment of orders placed with direct or indirect intentions unknown to The Site, including but not limited to the intention to return placed orders and intentions concerning product comparison.

The content and nature of personalized products available in the Namefully product catalogue, including the language, words and spelling of name jewelry, are in no way a representation of the Site's interests or opinions. Namefully reserves the right to refuse personalization of jewelry containing but not limited to profane, discriminatory or otherwise offensive language at its discretion and without obligation to report the grounds for refusal should there be any.

3. RETURN POLICY

At Namefully we take pride in the quality of all of our jewelry merchandise. If for any reason you are not completely satisfied with your purchase, we will be happy to consider your un-personalized product for refund or exchange within 45 days of its shipment, subject to the following terms and conditions.

Due to the personalized, custom-made nature of products on the site, items may be returned only if (1) there is an inherent structural flaw in the product itself, or (2) the spelling as defined and confirmed in the order appear differently from the finished product.  Namefully reserves the right to judge a product fit for return or to refuse any personalized or non-personalized item for return or exchange. 

If your product meets one of the two criteria above, follow the six steps described below in order to return or exchange your jewelry item(s):

  • Contact Customer Service or email us at returns@namefully.com before returning your item in order to make sure that you are eligible for return or exchange. We will provide you with a Return Authorization Number (RAN) for your return purposes. If you choose to email us, please be sure to include your order number and the reasons for return or exchange.
  • Print and complete (in its entirety) our Return Authorization Form. Make sure to clearly write down the Return Authorization Code number in the space provided for you. Please note that NO RETURN OR EXCHANGES CAN BE ACCEPTED WITHOUT A RETURN AUTHORIZATION CODE.
  • Carefully ship your item(s) with all the original packaging material, Return Authorization Form and original receipt by a pre-paid insured carrier to the address provided below. Be sure to keep hold of the tracking number for your own records. PLEASE DO NOT WRITE "JEWELRY" OR ANY OTHER WORD THAT COULD BE INDICATIVE OF THE PACKAGE'S CONTENT.
  • Insuring your return: Namefully is not responsible for the loss or damage of shipments that are returned to Namefully; the responsibility of ensuring that returns arrive undamaged is entirely yours. Thus, we strongly suggest that you insure any and all returns to Namefully, as we are not responsible for goods that have been lost, stolen or damaged in the shipping process. There is no dollar value amount too small to insure. Items may be returned through the United States Postal Service (USPS), FedEx, UPS, or your preferred shipping provider. Please check with your provider regarding specific insurance conditions for items over/under a certain value. Be sure to ask for a Return Receipt for confirmation of delivery. Please send your package to: Namefully, Inc. 3501 West 57th Street Sioux Falls, South Dakota 57108
  • After receiving your item(s) our Quality Control Team will verify its condition and authenticity. Please note that items showing signs of wear and tear, or items that have been re-sized, engraved, altered or damaged in any way cannot be accepted for return.
  • Depending on your specific request, you will be issued either a complete credit refund or reimbursed with online credit at our store (for exchange purposes) within 7 business days of receiving your return.
Conditions of Return:

Kindly read the conditions below to verify that you are eligible for a return or exchange:

  • The item must be returned in its original state, unworn and unaltered in any way and returned in the original box and packaging received.
  • Any item containing special personal engravings are non-returnable. In case of an error made on our part, we will happily exchange the item to fit your order.
  • Items that have been damaged cannot be returned.
  • It is mandatory to return the original Diamond Grading Report provided to you. If for some reason you are unable to provide the original Grading Report, you will be charged a $100 replacement fee, which we may deduct from your refund or credit.
  • Shipping and handling fees are non-refundable, and are deducted from your credit.
  • The returned item must include the original receipt.

Namefully is here to assist you and ensure that you are completely satisfied with your purchase and online shopping experience. Our dedicated staff will guide you through the return process and is happy to answer any questions you may have regarding how to return your item. Please contact our Customer Service team for support.

4. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Namefully does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by Namefully, this Site also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Namefully offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold Namefullyresponsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Site content subject to the following: (a) the content may not be modified or altered in any way; (b) you may not remove any copyright or other proprietary notices contained in the content; (c) Namefully reserves the right to revoke the authorization to view and download the content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Namefully.

The rights granted to you constitute a license and not a transfer of title. The rights specified above to view the Site content are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

5. TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the Namefully family of trademarks ("Marks"), such as “Namefully” and any other present or future marks, logo or TM displayed on this Site are the property of Namefully or other third parties. You are not permitted to use the Marks without the prior written consent of Namefullyor such third party that may own the Marks.

6. USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from; not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites.

7. WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in this Agreement or in a written agreement between you and Namefully, this Site, and all Materials and Services, including all the jewelry, accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, Namefully makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials (including the accuracy of any product prices and descriptions) will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials, including product descriptions, and customer feedback will be effective, accurate, or reliable; and (iv) the quality of any Services or Materials, including jewelry, obtained or accessible by you through the Site will meet your expectations.

We may upload to the site content provided to us by our users, including customer reviews and proposal and wedding stories. You understand that while we certainly hope that our users will provide us with accurate information, we do not independently verify such information and cannot guarantee the accuracy of the content provided to us by our users.

You understand and acknowledge that (i) Namefully does not control, endorse, or accept responsibility for any content, products (including jewelry), or services offered by third parties through the Site; (ii) Namefully makes no representation or warranties whatsoever about any such third parties, their content, products (including jewelry), or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Namefully shall not be liable or responsible for any content, products, or services offered by third parties.

The use of the Services or the downloading or purchasing of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Namefully assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Namefully or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

8. DISCOUNTS AND GIFT CARDS

Promotional or coupon codes can be redeemed on the Site through online checkout or via phone order. These discounts may only apply to certain items or groups of items. The coupon code is valid for only those items specified in association with the code and expiry dates may apply. Only one coupon code may be used per order, and users redeeming a gift card may not apply a coupon to their gift card purchase. Namefully gift cards can only be purchased and redeemed in U.S. dollars. For security purposes, Namefully requires that you provide credit card details when redeeming your gift card. The card will not be charged unless the order total is greater than the amount on the card. Total gift card purchase cannot exceed 1,000 U.S. dollars per order. Namefully gift cards are sent via email, after payment processing has been completed. The gift cards are non-transferrable, cannot be redeemed for cash and cannot be returned for a cash refund. Unused amounts on your Namefully gift card will remain intact for future use. If the gift card does not cover the total purchase amount, the customer is responsible for paying the remainder of balance at the time of purchase. Namefully is not responsible for lost or stolen gift cards. Gift cards may be used on the Site via online checkout or phone order, and coupons and discounts cannot be applied to gift card purchases.

9.PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Namefully or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

10. LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall Namefully, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from shipping damage or loss (unless Namefully provides otherwise in writing), whether or not Company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

11. INDEMNITY AND LIABILITY

You agree to indemnify and hold Namefully, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site in violation of these Terms of Use or your violation of any rights of another person or entity.

12. GOVERNING LAW AND JURISDICTION

By accessing this Site, you and Namefully agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Israel, without regard to the conflicts of laws principles thereof.

13. GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Namefully and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Namefully to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.