Terms of service

1. APPLICABILITY; COMMONLY USED TERMS. This Terms of Service (“TOS”) governs your access and/or viewing of amma360.com and/or our other website(s) (collectively, “Website”), your creation and/or use of an electronic user account on our Website, and your purchase of goods and/or services from us. The terms “amma360”, “we”, “us”, and “our”—irrespective of grammatical capitalization—refer to The Nutritional Health & Knowledge Limited Liability Company. The terms “you” or “your”—irrespective of grammatical capitalization—refer to you, the end-user consumer who visits, uses, and/or purchases products from us on our Website. By using our Website, you knowingly and voluntarily agree to the terms and conditions of the TOS and further agree to bound by the TOS.

2. REGISTRATION. Certain areas and/or pages of our Website are provided only to our registered users. Any user who creates an account with us on our Website agrees to provide true and accurate information during the registration process. We reserve the right to terminate the access of such users if we know, or have reasonable grounds to suspect, that a user has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 are not permitted to register. We reserve the right to require valid credit card information as proof of legal age.

3. USER ACCOUNT; TEXT MESSAGES. Users will select a username and password upon completing the registration process. Users are fully responsible for maintaining the confidentiality of their username and password. User agrees to immediately notify us at customerservice@amma360.com if the User knows, or have reasonable grounds to suspect, that his, her, or their username and password has been compromised. We will not be responsible for a user’s failure to strictly comply with this section of the TOS. We may, at our sole discretion, terminate a user’s account for any reason. Under no circumstances will we be liable to a user or any other party for such termination of a user’s account. If you create an electronic user account in our online store, you may also opt-to share your mobile phone number with us so that we may contact you via text message. If you do so, we may send you messages about order updates, new products, promotional offers, and other information about our company, products, and/or services. Third-party messages and data rates may apply; we will not be responsible for any such charges you incur. If you have any questions about your text plan or data plan, contact your wireless provider.

4. INTELLECTUAL PROPERTY. All text, graphics, audio files, applets, scripts, downloadable software, and other works on our Website are our copyrighted works of authorship. All rights are reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on our Website is strictly prohibited.

5. HYPERLINK DISCLAIMER. Our Website contains hyperlinks to other Internet websites that are not under our control. Those hyperlinks are not express or implied endorsements or approvals by us of any products, services and/or information available from those third-party websites.

6. INFORMATION PRESENTED “AS-IS”. THE INFORMATION PROVIDED ON THIS WEBSITE IS PROVIDED TO YOU “AS IS”; ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR NON-INFRINGEMENT. OUR MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM WHATSOEVER, WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. “CLAIMS” INCLUDE ANY AND ALL MANNER OF ACTION OR ACTIONS, CAUSE OR CAUSES OF ACTION, IN LAW OR IN EQUITY, SUITS, DEBTS, LIENS, CONTRACTS, AGREEMENTS, PROMISES, LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSS, COST OR EXPENSE, OF ANY NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, WHICH YOU NOW HAVE OR MAY HEREAFTER HAVE AGAINST US ARISING OUT OF, BASED UPON, OR RELATING TO YOUR USE OF OUR WEBSITE.

7. DISPUTES. By visiting and/or using our Website and/or purchasing goods and/or services from our Website, you knowingly and voluntarily agree to establish an out-of-court dispute resolution procedure to be followed in the event any Dispute—as defined below—should arise between you and us as the exclusive procedure for resolving such Dispute(s). You agree to attempt to resolve any Claims (“Claims” includes any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent, which you now have or may hereafter have against us arising out of any dispute you have or may have with us) thereby and must be enforced to the greatest extent permitted by law. arising out of or in connection with the TOS or the performance, breach, termination, interpretation, enforcement or validity thereof including determinations of the scope or applicability of the TOS (collectively, “Disputes”) in informal good faith settlement negotiations. If such good faith settlement negotiations are unsuccessful, you knowingly and voluntarily agree that any Claims will be submitted to binding arbitration before a single arbitrator (“Arbitrator”) and administered by the American Arbitration Association (“AAA”) in the County of Los Angeles, State of California. The arbitration will be initiated by the filing of a demand for arbitration (“Demand”) by the party demanding arbitration (“Demanding Party”) with AAA, which demand must be delivered by the Demanding Party to the other Party (“Responding Party”) on or before the date the Demand is filed with AAA. The Demand must set forth a concise statement of all claims being asserted by the Demanding Party. Within fifteen (15) days of the date on which the Demand is filed, the Responding Party must file with AAA and deliver to the Demanding Party the Responding Party’s response to the claims set forth in the Demand (“Response to the Demand”), which Response to the Demand must set forth a concise statement of the Responding Party’s defenses to the claims set forth in the Demand.

The arbitration will take place in the County of Los Angeles, State of California. The Arbitrator must be a retired state or federal judge or justice on AAA’s arbitrator panel selected by agreement of the Demanding and Responding Parties within five (5) days after the Demand is filed with AAA by the Demanding Party. If the Demanding Party and the Responding Party cannot agree on an Arbitrator within that five (5) day period, you and we authorize and empower AAA to select an independent Arbitrator unilaterally from its panel of retired judges and justices. The selection of the Arbitrator by AAA will be made within five (5) days of JAMS being advised in writing by the Demanding Party or the Responding Party that you and we could not reach agreement on the selection of the Arbitrator. You and we expressly agree and intend that the arbitration will be concluded (i.e., the arbitration conducted and the arbitration award made by the Arbitrator) within ninety (90) days after the Demand is filed with AAA. Accordingly, any Arbitrator selected by the mutual agreement of you and us or by the selection of AAA must be available to commence the arbitration within seventy-five (75) days of the date the Demand is filed with JAMS. Initially, the Arbitrator’s fees and AAA’s fees or costs (collectively, “Arbitration Fees”) will be paid fifty percent (50%) by the Demanding Party and 50% by the Responding Party; however, such Arbitration Fees may be awarded by the Arbitrator as an item of cost to the prevailing party. (The term “prevailing party” is defined in California Code of Civil Procedure section 1032.) Subject to TOS, the Arbitrator will (i) have full power to make such orders, rules and regulations as he or she deems necessary, just and expedient in respect to any procedure or matter involved in this arbitration; and (ii) issue a written final non-appealable and binding determination in support of any award within ten (10) days after the conclusion of the arbitration hearing. The foregoing notwithstanding, the Arbitrator may not make any order or ruling extending the arbitration beyond ninety (90) days after the Demand is filed absent mutual consent of the parties.

You and we expressly acknowledge and agree that the Demanding Party and the Responding Party will each have the right to conduct limited discovery, as described herein, and that you and we will cooperate with the other to facilitate that discovery in an expeditious manner bearing in mind that the arbitration is to be concluded within ninety (90) days. Both you and we will be entitled to serve on the other one (1) demand production of documents and things (“production of documents”) relevant to you and/or our claims and defenses. The respective demands for production of documents must be served by the parties no more than ten (10) days after the Responding Party has filed and served its Response to the Demand. The production of documents must take place no more than 15 days after the demand for production of documents has been served. Additionally, both you and us will be entitled to take one deposition. That deposition must be taken no less than twenty (20) days prior to the arbitration. The Arbitrator will have the power to permit one (1) additional deposition per side upon a showing of good cause and necessity; provided, however, that such additional depositions may not extend the 90-day deadline for completing the arbitration. The Arbitrator will also have the power to resolve all discovery disputes between the parties.

At least five (5) days prior to the arbitration hearing, you and we must file with the Arbitrator and serve on the other (i) a written brief stating the factual and legal bases for its claims or defenses, (ii) a list of witnesses it intends to call at the arbitration, and (iii) a list of exhibits to be submitted in connection with the arbitration. Both you and we must also file with the Arbitrator and serve on the other copies of all exhibits listed in its list of exhibits at the time the list of exhibits is filed and served.

Any award rendered by the Arbitrator pursuant to these TOS will be enforceable in the lower courts of the Superior Court of the State of California, County of Los Angeles, as the court having exclusive jurisdiction over such arbitration and may be entered and enforced as a sister-state judgment in other jurisdictions. Such arbitration will be binding, final and non-appealable. Furthermore, the prevailing party will be entitled to all costs and reasonable attorneys’ fees incurred in connection with the arbitrated matter in the discretion of the Arbitrator, as well as all costs to enforce or preserve the rights awarded in the arbitration.

YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THIS AGREEMENT.YOU FURTHER AGREE TO LIMIT YOUR DISPUTE(S) TO INDIVIDUAL CLAIMS AND WAIVE YOUR RIGHT TO COLLECTIVE OR CLASS ACTION METHODS OF RESOLVING YOUR DISPUTE. IN AGREEING TO ARBITRATION, YOU AND WE ACKNOWLEDGE THAT IN THE EVENT OF A DISPUTE ARISING FROM THE TOS, BOTH YOU AND WE ARE GIVING UP THE RIGHT TO HAVE THE DISPUTE DECIDED IN A COURT OF LAW BEFORE A JUDGE OR JURY AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION FOR RESOLUTION. You and we expressly agree that the intent of this arbitration provision is to provide a quick and efficient resolution to any potential dispute. If any provision of the TOS is deemed invalid by the Arbitrator, the extent of such invalidity or unenforceability will not destroy your intent and our intent to arbitrate the dispute on an expedited basis and the remainder of the arbitration provisions in these TOS will not be affected.

8. GOVERNING LAW. This TOS is governed by and must be interpreted in accordance with the laws of the State of California, United States of America. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

9. HEADINGS. The headings and captions appearing in this TOS are for convenience only, and do not—and may not be deemed to—define, limit, or extend the limit or intent of the provisions to which they refer or relate.

10. NO WAIVER. No waiver of any term or right in this TOS will be effective unless such a waiver is signed by a duly authorized representative who represents us. Our failure to enforce any provision of this TOS may not be construed as a waiver or modification of such provision, or impairment of our right to enforce such provision or any other provision of this TOS thereafter.

11. SEVERABILITY. If any portion of this TOS is held invalid, unenforceable, or contrary to public policy or law, then the remainder of this TOS will not be affected thereby and will remain in full force and effect to the fullest extent permissible by law.

12. ENTIRE AGREEMENT. This TOS, inclusive of the incorporated by reference Privacy Policy, represents the sole and entire agreement between you and us, and supersedes all prior and contemporaneous oral and written agreements, negotiations and discussions between you and us. You acknowledge that no representations have been made by us or anyone on our behalf to induce you to use or visit our Website or purchase goods and/or services from our Website.