Overview

Introduction

BY ACCESSING OR OTHERWISE USING THE WEBSITE YOU AGREE TO THESE TERMS & CONDITIONS.

General Information

Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Website. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Website. Certain areas within the Website may be governed by additional terms and policies (“Additional Terms”). By using those areas of the Website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Content

All content included on the Website such as text, graphics, logos, images, audio clips, video, data, music, software, application updates, and other material (collectively “Content”) is owned or licensed property of Nawapo.com or its suppliers or licensors (as defined herein), and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement and assembly of all Content on the Website is the exclusive property of Nawapo.com and protected by U.S. and international copyright laws. Nawapo.com and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

License and Access

Nawapo.com grants you a limited license to access and make personal use of the website only to the extent such use does not violate these Terms & Conditions including, but not limited to, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. The Website is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Website only with involvement of a parent or guardian.

Unlawful or Prohibited Uses

The Website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Website, you warrant to Nawapo.com that you will not use the Website for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

Make any commercial use of the Website or its Content, including making any collection or use of any product listings, descriptions, prices or images;
Download, copy or transmit any Content for the benefit of any other merchant;
Use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by Nawapo.com or generally publicly available browsers;
Frame, mirror or use framing techniques on any part of the Website without Nawapo.com’s express prior written consent;
Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Website content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to the limited license granted by these Terms & Conditions;
Use any meta tags or any other hidden text utilizing Nawapo.com’s name or marks;
Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
Use a buying agent to conduct transactions on the Website;
Conduct fraudulent activities on the Website;
Violate or attempt to violate the security of the Website, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Website; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Website (impersonating the Nawapo.com Website) or to the Website (impersonating another user whether such user provided their approval for such action(s) or not);
Send unsolicited or unauthorized email on behalf of Nawapo.com or any Nawapo.com Plus Partner, including promotions and/or advertising of products or services;
Tamper with the Website or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;
Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
Harvest or collect personally identifiable information about other users of the Website;
Restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
Use the Website to advertise or offer to sell or buy any goods or services without Nawapo.com’s express prior written consent;
Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;
Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website; or
Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.

Your Account

You may be required to register with Nawapo.com and sign a Seller’s Agreement in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only, and you will not share your user name or password with any individual or third party (other than Nawapo.com). If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Nawapo.com including those set forth in these Terms & Conditions, Nawapo.com reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

Nawapo.com may at any time: (i) modify or discontinue any part of the Website; (ii) charge, modify or waive fees required to use the Website; or (iii) offer opportunities to some or all Website users. Nawapo.com reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Website. Each time you use the Website, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Website will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Website will not be applied retroactively. Nawapo.com reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease.

You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such termination.

User Reviews, Comments & Submissions

Nawapo.com welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Website, or any content or information you publish through any social media and allow Nawapo.com to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit. Nawapo.com assumes no liability for any User Content submitted by you. You acknowledge and agree that Nawapo.com, its suppliers, sellers, vendors, agents subsidiary and parent companies reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Nawapo.com a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you.

Nawapo’s Partners

Nawapop.com provides third party companies, artists, tailors the opportunity to sell and ship items to you through the Website. Nawapo.com will process your payment for items sold by Nawapo’s Partners, and Nawapo.com will handle any payment-related disputes, refunds, credits, and adjustments. The third party companies will not have access to your payment information, other than your name and contact information as required for delivery of purchases and related customer service.

You acknowledge and agree that these items are being sold to you directly by Nawapo’s partners, not by Nawapo.com, and that the Nawapo’s partners, not Nawapo.com, will be responsible for the fulfillment and shipping of such items. Nawapo.com is not responsible, nor does it provide any warranties or guarantees, for the products or services that are, or may be, provided by Nawapo.com.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT NAWAPO.COM WILL NOT BE LIABLE FOR ANY ACTIONS OF A NAWAPO PARTNER OR ANY PRODUCTS OR SERVICES SOLD BY SUCH.

TRANSACTIONS

User Transactions

If you wish to purchase any product or service made available through the Website including items sold by Nawapo.com or Nawapo’s Partners (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Nawapo.com the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Nawapo.com or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

Limitations on Quantity

Nawapo.com does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Nawapo.com reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.

Colors

Nawapo.com strives to display as accurately as possible the colors of the products shown on the Website; however, Nawapo.com cannot and does not guarantee that your monitor’s display of any color will be accurate.

Availability, Errors & Inaccuracies

If an item is out of stock, Nawapo.com or a Nawapo Parnter, may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Nawapo.com, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.

Nawapo.com’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Nawapo.com makes a conscientious effort to describe and display its products and services accurately on the Website. Despite these efforts, a small number of items on the Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for items sold by Nawapo’s Partners. Nawapo.com and Nawapo Partners, reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.

Healthcare Information

THE INFORMATION CONTAINED IN THE HEALTH CARE PAGES OF THE WEBSITE IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR OR PHARMACIST BEFORE TAKING ANY MEDICATION (INCLUDING ANY HERBAL MEDICINES OR SUPPLEMENTS). ONLY YOUR DOCTOR OR PHARMACIST CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU. THE INFORMATION CONTAINED ON THE WEBSITE CONCERNING HERBAL MEDICINE CONTAINS INFORMATION ABOUT HERBAL THERAPIES AND OTHER DIETARY SUPPLEMENTS, WHICH ARE NOT REGULATED IN THE UNITED STATES BY THE FOOD AND DRUG ADMINISTRATION. ADDITIONALLY, THE MANUFACTURE AND DISTRIBUTION OF HERBAL SUBSTANCES IS NOT REGULATED IN THE UNITED STATES, AND NO QUALITY STANDARDS CURRENTLY EXIST. BECAUSE OF THE UNREGULATED NATURE OF THE HERBAL AND SUPPLEMENT INDUSTRY, YOU NEED TO DISCUSS USE OF THESE SUBSTANCES WITH YOUR DOCTOR OR PHARMACIST.

Return Policy

Returns

If you are not fully satisfied with your purchase of items sold by Nawapo.com, you may return it in accordance with Nawapo.com’s This Section of the Terms and Use Policy.

No Refunds

Nawapo.com is a multisided platform and has several sellers. Most sellers require cash immediately to keep their niche business afloat. Because of this Nawapo.com requires that ALL SALES ARE FINAL.

In certain instances however, Nawapo.com may accept a return of an item but in no instance can Nawapo.com accept an item for return that has been in your position longer than 2 weeks.

In instances Nawapo.com chooses to allow a return, the return must be immediately mailed back to Nawapo.com. In order to facilitate a return, you must reach out via email at info@nawapo.com Nawapo.com will cover shipping charges in the events Nawapo.com accepts a return. IT IS NAWAPO.COM’S FULL DISCRETION WHETHER TO ACCEPT A RETURN OR NOT. ALL SALES ARE FINAL.

Regulations may require Nawapo.com to recall certain products, in that event, Nawapo.com will reach out to you, refund your money and provide means to return.

GIFT CARDS

Gift Cards & Certificates

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Minnesota. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable

COPYRIGHT

DMCA Notice – Notice & Procedure for Making Claims of Copyright Infringement

Nawapo.com’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Website can be identified and removed via our process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Nawapo.com’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Nawapo.com that your copyrighted material has been infringed. Nawapo.com does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Nawapo.com will respond by either taking down the allegedly infringing content or blocking access to it. Nawapo.com may contact the notice provider to request additional information.

Under the DMCA, Nawapo.com is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Nawapo.com a counter-notification. Notices and counter-notices are legal notices distinct from regular Website activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Website. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Be signed; and
Be sent to our DMCA designated agent at the following address:

DMCA Designated Agent

Nawapo.com LLC.

1215 Industrial Park Dr. NW

Bemidji, Minnesota 56601

email: info@nawapo.com

Disclaimers of Warranties

Nawapo.com cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE “WEBSITE CONTENTS”) ARE PROVIDED BY NAWAPO.COM ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NAWAPO.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OR COMPLETENESS OF THE WEBSITE CONTENTS, OR THAT EMAILS SENT FROM NAWAPO.COM ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, NAWAPO.COM DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND THE WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

NAWAPO.COM DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Website, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party websites. If you decide to link to any such third-party websites, you do so entirely at your own risk.

Jurisdictional Issues

The Website is controlled and operated by Nawapo.com LLC from Bemidji, Minnesota United States and is not intended to subject Nawapo.com LLC to the laws or jurisdiction of any state, country or territory other than that of the United States and Minnesota. Nawapo.com does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NAWAPO.COM OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS, PARENT OR SISTER COMPANIES BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF NAWAPO.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. THE FOREGOING PARAGRAPH SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, NAWAPO.COM OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS OR PARENT AND SISTER COMPANIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ANY MATERIALS THEREIN UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF NAWAPO.COM’S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND NAWAPO.COM. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND NAWAPO.COM. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification & Defense

As a condition of the use of the Website, you agree to defend, indemnify and hold harmless Nawapo.com and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions, or any User Content submitted by you.

Notices & Electronic Communications

Except as explicitly stated otherwise, any notices you send to Nawapo.com shall be sent by mail to Nawapo.com LLC 1215 Industrial Park Dr. SE Bemidji, MN 56601. In the case of notices Nawapo.com sends to you, you consent to receive notices and other communications by Nawapo.com posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that Nawapo.com provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to info@nawapo.com You may also contact us by writing to Nawapo.com 1215 Industrial Park Dr., Bemidji, MN 56601, or by calling us at 218-751-9750.

Arbitration Mandate

Arbitration Agreement

Please read this section carefully. Except as the Terms & Conditions otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

Agreement to Binding Arbitration

You and Nawapo.com agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the website or (2) the breach, enforcement, interpretation, application, or validity of these Terms & Conditions, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms & Conditions (the “Arbitration Agreement”).

Exceptions to Arbitration

Notwithstanding the foregoing, in lieu of arbitration: (1) either you or Nawapo.com can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply, provided that it is brought and maintained as an individual claim; and (2) you agree that you or Nawapo.com may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Jury Trial & Class Action Waiver

Except as the Terms & Conditions otherwise provide, you and Nawapo.com acknowledge and agree that you are each waiving the right to a trial by jury. The parties further agree that any arbitration shall be conducted in their individual capacities and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Nawapo.com may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

If any court or arbitrator determines that any term in the immediately preceding paragraph is unenforceable for any reason as to any claim, then the Arbitration Agreement will be inapplicable to that claim, and that claim will instead proceed through litigation in court rather than by arbitration, but only after the conclusion of the arbitration of any claim or dispute that is subject to the Arbitration Agreement.

Governing Law & Arbitration Rules

The Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern the interpretation and enforcement of this section. If the FAA is found not to apply to any issue that arises under this section or the enforcement of the Arbitration Agreement, then that issue shall be resolved under the laws of the State of Minnesota.

The arbitration will be conducted under the then current and applicable rules of the American Arbitration Association (“AAA”). The AAA rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.

Initiating Arbitration

If you intend to seek arbitration you must first send a written notice (“Notice”), by first class or certified mail to Nawapo.com 1215 Industrial Park Dr. suite b, Bemidji, MN 56601. If Nawapo.com intends to seek arbitration, Nawapo.com will send a Notice to the current billing address on your account. The Notice must describe the nature and basis of the claim and the specific relief sought. If the parties cannot reach an agreement within 30 days from the receipt of the Notice, either party may initiate arbitration proceedings.

A form to initiate arbitration proceedings is available on the AAA website at www.adr.org. In addition to filing this form with the AAA, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send such copy to our address listed above and Nawapo.com will send such copy to the current billing address on your account or to your attorney, if you have retained one.

Fees

For claims of $100,000 (US Dollars) or less, you will pay the filing fee specified in the rules of the AAA. Nawapo.com may pay any additional required filing fees, and all administration and arbitrator fees (collectively, “Arbitration Fees”) unless the arbitrator determines that your claim is frivolous. For claims over $100,000 (US Dollars), you will be responsible for the Arbitration Fees.

Location & Procedure

If your claim is for $10,000 (US Dollars) or less, you may choose to have arbitration conducted solely on the basis of documents submitted to the arbitrator, via a telephone hearing, by an in-person hearing in the county of your residence, or as otherwise mutually agreed to by the parties. If your claim exceeds $10,000 (US Dollars), the location of the arbitration and the parties’ right to a hearing will be determined in accordance with the rules of the AAA.

Arbitrator’s Decision

The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Nawapo.com waives its right to seek attorneys’ fees and costs in arbitration.

Choice of Law, Forum Selection, & Jury Waiver

Except as set forth in the Arbitration Agreement section above, all matters relating to your access to or use of the website and all matters arising out of or related to these Terms & Conditions, will be governed by the applicable laws of the United States of America and the laws of the State of Minnesota, without regard to Minnesota’s choice of law principles. Unless you and Nawapo.com agree otherwise, in the event that it is determined or these Terms & Conditions provide that a claim should not proceed through arbitration, you agree that any claim or dispute (with the exception of a claim or dispute appropriately lodged in any small claims court in the United States of America) shall be resolved in the United States District Court for the District of Minnesota, and you submit to the personal jurisdiction of that court. If subject matter jurisdiction (including diversity jurisdiction) does not exist in the United States District Court for the District of Minnesota for any such claim, then the exclusive forum and venue for any such action shall be the courts of the State of Minnesota located in Beltrami County, and you submit to the personal jurisdiction of that court. As to any proceeding in court, you and Nawapo.com both waive your right to a jury trial, unless such waiver is unenforceable.

The choice-of-law and forum-selection provisions in this section do not apply to the Arbitration Agreement or to any arbitrable disputes as provided by the Arbitration Agreement section. Instead, as provided in the Arbitration Agreement section, the FAA shall apply to any such disputes.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Website, constitute the entire agreement between you and Nawapo.com with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. Except as provided in the Arbitration Agreement section, if any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Refund and Returns Policy