Terms of service

OVERVIEW

This website and all subdomains, (collectively, the “Site(s)”) are operated by Refined Brands LLC d/b/a Naani’s LLC (“Naani’s,” “we,” “us,” and “our”). These terms of use (“Terms of Use”) set forth the terms and conditions under which you are authorized to use our Sites.

To the extent rules or guidelines affecting your use of the Sites are found on other pages of our Sites, those rules and guidelines (including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation, our Privacy Policy) are hereby incorporated by reference into these Terms of Use. Please read these Terms of Use carefully before accessing or using our Sites. By using our Sites, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of these Terms of Use, you should immediately cease all usage of our Sites. 

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of these Terms of Use at any time on this page. We reserve the right, at our discretion and at any time, to modify, update, change, remove or replace any part of these Terms of Use by posting updates and/or changes to our Sites. It is your responsibility to check this page periodically for modifcations. Modifications will become effective immediately upon being posted to our Sites, without further notice to you. Your continued use of or access to the Sites following the posting of any modifications constitutes an acknowledgement and acceptance of such modifications. 

SECTION 1 – DESCRIPTION OF SERVICE

Our Sites provide information about Naani’s products, allow users to purchase Naani’s products and sign up for our Naani’s Program, and provide different ways to interact with Naani’s through newsletters, blogs, social media, and other outlets. Our Sites may contain text, photographs, videos, audio clips, or other content (collectively the “Content”). To the extent new Content, services, or features are added to our Sites in the future, their use is subject to these Terms of Use. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

SECTION 2 – PRODUCTS & PURCHASES

While we make our best effort to provide you with up-to-date information regarding available products, availability is subject to change at any time. Naani’s makes no representations or warranties regarding the availability of any product. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product. In the event of a technical or clerical error in the published availability of any product, Naani’s reserves the right to cancel your order and provide a refund or replacement for your purchase (including after your purchase is confirmed) and you hereby waive all other claims related thereto. 

You further agree that any order placed by you on our Site is an offer to buy, under these Terms of Use, all products and services listed in your order.  All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We reserve the right, but not the obligation, to limit the sales of our products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any products or services that we offer. You must not knowingly provide or post any false, misleading, or fraudulent information.

You agree to fully cooperate with us and provide all reasonable assistance in the event that we recall any products. If we recall products, we will do so at our sole expense and in our sole discretion. If you suspect there is a possibility of us needing to recall any products, please notify us at the contact information provided in Section 20(h).

SECTION 3 – REGISTRATION ON OUR SITES

Certain features of our Sites (such as product purchases) may require you to register by providing your personal information, such as your name, e-mail address, credit card number, and other information. You may also wish to register on our Sites to receive information, participate in our Naani’s Program, subscribe to email lists, or enter a promotion.

If you wish to register on our Sites, you agree to provide accurate information about yourself as required by the applicable registration form. You also agree that you will only register one account on the site. We reserve the right to suspend or terminate your use of our Sites if we discover that you have violated these Terms of Use. You are responsible for maintaining the confidentiality of your account details and you are fully responsible for all activities that occur on your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect the confidentiality of your account data. 

SECTION 4 – MOBILE DEVICES & MESSAGING SIGN-UP

Separate versions of our Content or our Sites may be available for use on mobile devices. If you access our Sites or Content on mobile devices, you understand that your mobile carrier’s standard charges will apply.

By signing up via website pop-up, order confirmation page, or through an email link, you have consented to receive various forms of messages from us (hereinafter referred to as “Messages”). Messages will be initiated by our third-party messaging provider. Examples of Messages include, but are not limited to, marketing messages, newsletters, order and shipping confirmations, and other order updates sent via email. You may opt-out or request help at any time by emailing our Customer Service team at hello@drinknaanis.com. 

SECTION 5 – ADDITIONAL POLICIES AND AGREEMENTS

Our Privacy Policy describes the information we collect when you and others use our Sites, as well as how we use the information, and some of the steps we take to protect your privacy. Our Privacy Policy is part of these Terms of Use. By agreeing to these Terms of Use, you are also consenting to our use of your personal information in accordance with our Privacy Policy.

Your purchase of products on our Sites may be subject to additional terms and conditions, including our policies on product returns or exchanges and the Terms and Conditions for our Naani’s Program, which will be presented to you when you make a purchase.

SECTION 6 – MODIFICATIONS AND INTERRUPTION TO THE SITES

We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you and in our sole discretion. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to our Sites, or that operation of our Sites will be uninterrupted or error-free. You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 

SECTION 7 – SHIPPING, RETURN AND REFUND POLICY

Our shipping and return policies can be found here: https://www.drinknaanis.com

Our refund policy can be found here: https://www.drinknaanis.com

SECTION 8 – THIRD-PARTY SITES AND THIRD-PARTY CONTENT 

Certain areas of the Sites and our payment processing functions may be operated on behalf of Naani’s by third parties, and may be subject to the terms of use and/or privacy policies of those parties. Naani’s is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any areas operated by third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.  The viewing of, and any action taken on, such third-party sites is entirely at your own risk. 

Our Sites may include links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or any content located on or accessible through, any third-party site. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, which we encourage you to review.

Some of the Content, services, and features on our Sites, including without limitation social media Content, may be provided by or obtained from third parties. We make no representations or warranties as to the accuracy or reliability of any Content or features on our Sites created or provided by third parties, or with regard to any product or service provided or offered by any third party on the Sites. You acknowledge that any reliance on representations and warranties provided by any party other than Naani’s will be at your own risk. You expressly agree to hold Naani’s harmless for any claims of damage arising from any Content, product, or service provided by any third party. 

SECTION 9 – YOUR REPRESENTATIONS 

As a condition of your right to use the Sites, you represent that you (i) are at least of legal age in your state or providence of residence to enter into a binding contract, (ii) have given us your consent to allow any of your minor dependents to use the Sites, and (iii) are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or any other country. 

SECTION 10 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, NAANI’S, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS OR AGENTS (COLLECTIVELY THE “NAANI’S PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO USE OR OPERATION OF THE SITES (INCLUDING WITHOUT LIMITATION, PARTICIPATION IN OUR PROGRAMS), WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, PRODUCTS, PROGRAMS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NAANI’S PARTIES ARE NOT RESPONSIBLE FOR ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR SITES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE NAANI’S PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY, DAMAGE, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON OUR SITES OR ANY CONTENT, PRODUCT, OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY NAANI’S PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL, OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE NAANI’S PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS HEALTH, WELLNESS, FITNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

SECTION 11 – INDEMNIFICATION 

You agree to indemnify, defend and hold harmless the Naani’s Parties from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of (i) your use of the Sites, (ii) any material you transmit using the Sites, or (iii) your violation, breach or alleged violation of these Terms of Use, including any claim or liability under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., similar state and federal laws or any regulations promulgated thereunder, resulting from us attempting to contact you at the mobile telephone number you provided.

SECTION 12 – TESTIMONIAL DISCLAIMER 

In accordance with the Federal Trade Commission guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following: the people giving testimonials and consumer stories appearing on Naani’s platforms and social media may have been compensated with free products or discounts. Testimonials and consumer stories appearing on Naani’s platforms are received in various forms via a variety of submission methods. The testimonials and consumer stories reflect the real-life experiences and opinions of individuals who used our products and/or services. However, individual results may vary. We do not claim, nor should the viewer assume, that any individual experience recounted is typical or representative of what any other consumer might experience. Testimonials and consumer stories are not necessarily representative of what anyone else using our products and/or services may experience. Results may vary depending on a multitude of factors, including: age, gender, physical condition, exercise routine, concomitant products used, health history, lifestyle and diet. The testimonials and consumer stories displayed are given verbatim except for grammatical or typing error corrections. Some testimonials or consumer stories may have been edited for clarity or shortened in cases where the original testimonial included extraneous information of no relevance to the general public. Naani’s is not responsible for the opinions or comments posted on Naani’s platforms and social media, and does not necessarily share the opinions, views or commentary reflected in postings on Naani’s platforms and social media. All opinions expressed are strictly the views of the poster or reviewer. Testimonials and consumer stories on Naani’s platforms and social media are not intended, nor should they be construed, to diagnose, treat, cure, mitigate or prevent any disease. To the contrary, our products are not intended to diagnose, treat, cure, or prevent any disease. Information provided by Naani’s platforms and social media is not a substitute for individual medical advice. Statements made on Naani’s platforms and social media have not been evaluated by the U.S. Food and Drug Administration.

SECTION 13 – USER-SUBMITTED CONTENT AND USER CONDUCT 

Any content, whether uploaded, posted, submitted, or otherwise made available on our Sites or to Naani’s, including without limitation social media posts displayed on our Sites or referencing any of our social media sites, or any other content which does not originate with a Naani’s Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Naani’s Party be liable in any way for any User Content made available through our Sites or in connection with any of our social media accounts. We may not review all User Content on our Sites, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.

You agree that you will not use our Sites to transmit or make available any Content that:

  • violates any laws, contains any threats, is abusive, harassing, offensive, vulgar, indecent, obscene, defamatory, libelous, hateful, contains any disparaging statements or opinions, or is otherwise tortious or objectionable;

  • infringes any intellectual property rights or other rights of any party;

  • violates any person’s rights of privacy or publicity;

  • you know or have reason to know is false, misleading, or fraudulent;

  • you do not have a right to make available under any law or under contractual or fiduciary relationships;

  • employs any techniques to disguise the origin of the Content submitted;

  • contains any unsolicited or unauthorized advertising or promotional materials;

  • incorporates within it any software viruses or any other computer code, files, or programs whose purpose or function is to interrupt, destroy, or otherwise impair the operability of any software or hardware or telecommunications equipment; or

  • contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.


You further agree not to use our Sites to:

  • engage in any conduct which might be harmful to any individual;

  • impersonate or misrepresent your affiliation with any person or entity;

  • transmit any worms or viruses or any code of a destructive manner;

  • interfere or tamper with the function of the Sites;

  • gain access to information or control of the Sites not specifically granted to you; or 

  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation (including, but not limited to, copyright laws).

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Sites, servers, or networks connected to them. We reserve the right (but not the obligation) to, in our sole discretion, pre-screen, edit, refuse, move, or remove any User Content that is posted on our Sites or terminate your access to our Sites in the event of a violation of these Terms of Use.

SECTION 14 – OWNERSHIP OF USER CONTENT 

If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Sites. However, by uploading, posting, transmitting, or otherwise making any User Content available on or through a Site or social media, you are granting Naani’s, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution, or compensation to you. 

SECTION 15 – USER FEEDBACK

All communications, feedback, questions, comments, suggestions, proposed features or products, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Naani’s. By submitting Feedback to Naani’s, you assign to Naani’s, free of charge, a perpetual, irrevocable, worldwide license to create derivative works of, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how, or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code. You are responsible for the information and other content contained in any Feedback you submit to us, including, without limitation, the truthfulness and accuracy thereof. 

SECTION 16 – COPYRIGHT AND TRADEMARK INFORMATION 

All Content, copyrights, and other intellectual property rights in the Content available on our Sites, including without limitation Site design, text, graphics, images, interfaces, and the selection and arrangements thereof, are owned by Naani’s, with all rights reserved, or in some cases may be licensed to Naani’s by third parties. This Content is protected by the intellectual property rights of Naani’s or those third-party owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. In addition, such use of trademarks or links to the web sites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Naani’s.

SECTION 17 – CLAIMS OF COPYRIGHT INFRINGEMENT  

In the event that you find Content posted on our Sites which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact us as described below. To report any alleged infringement, you may contact us by email and provide a signed statement containing the following information:

  • your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;

  • a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;

  • a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;

  • if your claim is based on a registered work, the registration number, and the date of issuance of the registration;

  • a description of the infringing material and the URL where such material is located on the Sites, or a description of where on our Sites you found such material;

  • your written statement that you believe, in good faith, that the use of the work on our Sites has not been authorized by the true owner of the work, its agent, or as a matter of law; and

  • a statement under penalty of perjury that all of the information you have provided is true.


The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. In accordance with the DMCA, it is our policy to terminate use of our Sites by repeat infringers in appropriate circumstances.

Notices sent under this Section may be mailed to:

Refined Brands LLC

30799 Pinetree Road Ste 158

Pepper Pike, OH 44124

Attn: Chief Executive Officer


Notices sent under this Section may be emailed to hello@drinknaanis.com.

SECTION 18 – OTHER CONTENT COMPLAINTS

If you believe that any Content on our Sites violates these Terms of Use or is otherwise inappropriate, please report the Content by sending an email to hello@drinknaanis.com. 


SECTION 19 – ARBITRATION

  1. PROCEDURE. The parties agree that any and all controversies, claims, or disputes between you and Naani’s arising out of, relating to, or resulting from these Terms of Use (whether in contract, tort or otherwise, whether past, pre-existing, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims), shall be subject to binding arbitration pursuant to the terms and conditions of this Section, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Section.


Arbitration shall be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures (the “AAA Rules”), as modified by this Section. If there is any inconsistency between the AAA Rules and this Section, the terms of this Section will control. You may visit http://www.adr.org or call 1-800-778-7879 for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim.


  1. VENUE. Arbitration may be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, Naani’s may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.


  1. GOVERNING LAW. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Ohio, without giving effect to any conflict of laws principles, and will honor all claims of privilege recognized by law. 


  1. FEES. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorneys’ fees.


  1. CLASS ACTION WAIVER. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).


  1. CONFIDENTIALITY. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

SECTION 20 – GENERAL PROVISIONS

  1. SEVERABILITY. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable for any reason, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Any such determination shall not affect the validity and enforceability of any other remaining provisions. 


  1. HEADINGS. The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms of Use.


  1. WAIVER. Any failure by Naani’s to exercise or enforce any rights under these Terms of Use shall not constitute a waiver of those rights.


  1. ENTIRE AGREEMENT. You agree and understand that these Terms of Use together with any other applicable click-through agreements you may have entered into regarding sharing social media content to the Sites or associated social media accounts, constitutes the entire agreement between you and Naani’s regarding your use of the Sites, and that any other prior agreements between you and Naani’s are superseded by these Terms of Use.


  1. GOVERNING LAW. The Terms of Use and any separate agreements or claims arising out of or relating to the use of the Sites, including, without limitation, claims submitted to arbitration, shall be governed by and construed in accordance with the laws of Ohio without giving effect to any conflict of laws principles. 


  1. COMPLIANCE WITH LAWS. You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Sites in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. 


  1. ASSIGNMENT. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Naani’s, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.


  1. CONTACT INFORMATION. Should you have any questions regarding these Terms of Use, please feel free to contact us by email at hello@drinknaanis.com.



Effective Date of this Terms of Use: January 5, 2026.