Legal > Terms of Service

Last updated on: June 23rd, 2015


By signing up for the Axōmō service (“Service”) or any of the services of Namify LLC (“Namify”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by Namify under the Terms of Service include various products and services to help you create and manage a retail store. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at http://axomo.com/terms-of-service/. Namify reserves the right to update and change the Terms of Service by posting updates and changes to the Namify and Axōmō website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement and Namify’s Privacy Policy before you may become an Axōmō user. Everyday language summaries are provided for convenience only and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using Axōmō or any Namify services, you are agreeing to these terms. Be sure to occasionally check back for updates.

1. Account Terms

  1. You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
  2. To access and use the Services, you must register for an Axōmō account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Namify may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
  3. You acknowledge that Namify will use the email address you provide as the primary method for communication.
  4. You are responsible for keeping your password secure. Namify cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
  5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your Axōmō Account (“Store Content”). You must not transmit any worms or viruses or any code of a destructive nature.
  6. A breach or violation of any term in the Terms of Service as determined in the sole discretion of Namify will result in an immediate termination of your services.

Which means

Don’t use Axōmō for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.

If we need to reach you, we will send you an email.

2. Account Activation

  1. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
  2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
  3. Namify requires valid contact information, physical address, email, and phone number of it’s clients. If contact information is found to be incorrect, client’s account may be suspended until such a time that the information is corrected.
  4. Upon purchasing a domain name through Namify, domain registration will be preset to automatically renew each year so long as your Axōmō Account remains active. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function should you choose to do so.

Which means

The person signing up for the Axōmō Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of
Service.

Any domain you purchase through us will automatically renew unless you opt out.

3. General Conditions

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Axōmō.

  1. Technical support is only provided to paying Account holders and is only available via email.
  2. Customer support is available to all users of an Account holders’ shop and is available via email or phone.
  3. The Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Utah and the laws of the United States applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of Utah with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
  4. You acknowledge and agree that Namify may amend these Terms of Service at any time by posting the relevant amended and restated Terms of Service on the Axōmō website, available at https://www.axomo.com/legal/terms and such amendments to the Terms of Service are effective as of the date of posting. Your continued use of the Services after the amended Terms of Service are posted to the Axōmō website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
  5. You may not use the Axōmō service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States and the State of Utah.
  6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Namify.
  7. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Namify, Axōmō or Namify trademarks and/or variations and misspellings thereof.
  8. Questions about the Terms of Service should be sent to support@namify.com.
  9. You understand that your Store Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  10. You acknowledge and agree that your use of the Service, including information transmitted to or stored by Namify, is governed by its privacy policy at _________

Which means

The Axōmō service belongs to us. You are not allowed to rip it off or use it for any illegal or sketchy purpose.

If a dispute arises the issue will be dealt with in the State of Utah.

Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.

4. Namify Rights

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. We may, but have no obligation to, remove Store Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any Axōmō customer, Namify employee, member, or officer will result in immediate Account termination.
  5. Namify does not pre-screen Store Content and it is in our sole discretion to refuse or remove any Store Content that is available via the Service.
  6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Namify employees and contractors may also be Axōmō customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
  7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
  8. Namify retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, Namify reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
  9. Namify may refuse at any time to handle or distribute products of any kind that in Namify’s sole judgment is an invasion of privacy, is degrading, libelous, unlawful, profane, obscene, tends to ridicule or embarrass, or is in bad taste, or which in Namify’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or is in violation of the FTC Mail or Telephone Order Merchandise Trade Regulation Rules, or other governmental regulations.

Which means

We can modify, cancel or refuse the service at anytime.

In the event of an ownership dispute over an Axōmō account, we can freeze the account or transfer it to the rightful owner.

5. Limitation of Liability

  1. You expressly understand and agree that Namify shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  2. In no event shall Namify or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Namify partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. Namify does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
  5. Namify does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
  6. Namify does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

Which means

We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.

Service is “as is” so it may have errors or interruptions and we provide no warranties.

6. Waiver and Complete Agreement

The failure of Namify to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Namify and govern your use of the Service, superseding any prior agreements between you and Namify (including, but not limited to, any prior versions of the Terms of Service).

Which means

If Namify chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.

These terms of service make up the agreement that applies to you. This means that any previous agreements between you and Namify don’t apply if they conflict with these terms.

7. Intellectual Property and Customer Content

  1. We do not claim any intellectual property rights over the material you provide to the Axōmō service. All material you upload remains yours. You can remove your Axōmō store at any time by deleting your Account.
  2. By uploading Store Content, you agree: (a) to allow other internet users to view your Store Content; (b) to allow Namify to display and store your Store Content; and (c) that Namify can, at any time, review all the Store Content submitted by you to its Service.
  3. You retain ownership over all Store Content that you upload to an Axōmō store; however, by making your store public, you agree to allow others to view your Store Content. You are responsible for compliance of Store Content with any applicable laws or regulations.
  4. You retain ownership over all content that you submit to an Axōmō store however, by making your store public, you agree to allow others to view your content.
  5. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

Which means

Anything you upload remains yours and your responsibility.

8. Payment of Fees

  1. A valid credit card is required for Accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
  2. The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. As well, an invoice will appear on the Account page of your Axōmō administration console. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All fees are exclusive of applicable federal, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
  4. If you are a resident of the State of Utah, Oregon, Colorado, or Texas; you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of Namify’s products and services. These Taxes are based on the rates applicable to the U.S billing address you provide to us and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
  5. Namify does not provide refunds.

Which means

For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay.
Tax is not included and will be billed to your credit card. If you’re exempt from U.S. taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill.
No refunds.

9. Cancellation and Termination

  1. You may cancel your Account at anytime by emailing support@namify.com and then following the specific instructions indicated to you in Namify’s response.
  2. Upon termination of the Services by either party for any reason:
    1. Namify will cease providing you with the Services and you will no longer be able to access your Account;
    2. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;
    3. any outstanding balance owed to Namify for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
    4. your store website will be taken offline.
  3. If you purchased a domain name through Namify, upon cancellation your domain will no longer be automatically renewed. Following cancellation, it will be your sole responsibility to handle all matters related to your domain with the domain provider.
  4. If at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
  5. We reserve the right to modify or terminate the Axōmō Service or your Account for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, Namify may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Which means

To initiate a cancellation, email support@namify.com. Namify will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, domains purchased through Namify will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice.

We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.

10. Modifications to the Service and Prices

  1. Prices for using the Services are subject to change upon 30 days notice from Namify. Such notice may be provided at any time by posting the changes to the Axōmō Site (axomo.com) or the administration menu of your Axōmō store via an announcement.
  2. Namify reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. Namify shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Which means

We may change or discontinue the service at anytime, without liability.

11. Optional Tools

  1. Namify may provide you with access to third party tools over which Namify neither monitors nor has any control or input.
  2. You acknowledge and agree that Namify provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. Namify shall have no liability whatsoever arising from or relating to your use of optional third party tools.
  3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
  4. Namify strongly recommends that merchants seek specialist advice before using or relying on certain tools.

Which means

We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.

12. Fulfillment

  1. Fulfillment is the receipt, storage, assembly and shipment or transmission of product or data on behalf of another party.
  2. Namify assumes that all materials provided will meet manufacturers’ specifications. Materials which do not meet manufacturers’ specifications may be subject to pricing at special rates. Client will be notified when a deficiency is discovered and approval will be obtained for handling at special rates before proceeding with work, and a new delivery schedule may result.
    • Client is expected to provide Namify with sufficient inventory or adequate sources of supply to meet anticipated demand.
    • If inventory is being provided outside of normal production, each incoming carton or skid must bear an identity, item code, quantity and a sample clearly visible. Each carton or skid must have only one material version, unless clearly marked and separated. Multiple items should not be included within a single carton, skid or container unless noted thereon and on accompanying paperwork.
    • All items must be clearly and accurately coded. Namify shall not be responsible for picking and packing errors which result from the erroneous marking of items or the client’s failure to code them.
  3. There are three categories of shrinkage allowances typical in the fulfillment industry:
    • If Namify is not authorized to perform counts of the literature or products received, nor is there independent verification, then no realistic shrinkage expectations can be developed and Namify is not responsible for inventory shrinkage.
    • If Namify performs test counts, spot checks and weight counts, the industry standard for shrinkage is 5% to 10% of printed material received and 2% to 3% of products received.
    • If Namify has been paid to count/verify valuable items on receipt and to maintain the counted material in a special secured environment, the standard shrinkage allowances do not apply, and Namify is responsible for losses that could have been prevented by exercising reasonable and prudent care.
  4. Any liability for losses that Namify assumes is limited to the manufacture cost of the materials and does not include indirect or consequential claims, such as loss of sales or opportunity.
  5. Absent specific instructions from the client on the disposition of excess materials, Namify may collect reasonable storage charges. If the client fails to respond to a disposition request and fails to pay applicable storage charges Namify may, after 60 days, destroy or sell the stored material.
  6. Namify is not responsible for failure to meet agreed on processing schedules if such failure can be traced to fire, accidents, acts of God, mechanical breakdown, acts of terrorism, failures on the part of the U.S. Postal Service or other common carriers, or other events that are outside the control of Namify.
  7. Namify is responsible to correct misdirected or erroneous shipments provided the errors were expressly the fault of Namify. Its liability is limited to the cost of re-shipping a corrected order or, at Client’s option, retrieval of the material shipped at Namify’s expense. Namify is not liable for loss of business or incidental or consequential damages or costs.

Which means

We produce, receive, store, and ship your product. If you let us, we will maintain inventory counts and are responsible if counts are inaccurate.

Anything that we do incorrectly we will correct or replace.

We are responsible for orders that are shipped incorrectly and will re-ship them to you at our expense.

12. DMCA Notice and Takedown Procedure

Namify supports the protection of intellectual property and asks Axōmō merchants to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our merchants is infringing their intellectual property rights, they can send a DMCA Notice to Namify’s designated team at support@axomo.com using the subject line “DMCA”. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the merchant can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the material.

Which means

Namify respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.

If you believe one of our merchants is infringing your intellectual property rights, you can send Namify a DMCA Notice. We will expeditiously disable access or remove the content and notify the merchant. Be advised that we post all notices we receive.