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This website is operated by Noomxy. Throughout the site, the terms "we", "our" and "us" refer to Noomxy. Noomxy provides this website, including all information, tools and services available through it. Use of the site and purchase of our products are subject to acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to the following terms and conditions ("Terms of Service" or "Terms"), including any additional terms, conditions and policies referenced herein and/or available through hyperlinks. These Terms apply to all users of the site.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree with them, you must not access the website or use our services.
By visiting our site and / or purchasing something from us, you engage in our "Service" and agree to the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced herein and / or available by hyperlink. These Terms of Service apply to all users of the site, including users who are browsers, vendors, customers, merchants and / or contributors of content.
Your continued use of or access to the website after changes are posted constitutes acceptance of those changes. Our store is hosted by Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You may review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms of Service by posting updates and / or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after changes have been posted constitutes acceptance of those changes. Our store is hosted by Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services.
ONLINE STORE TERMS
By using this site, you represent that you are at least the legal age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependent on you to use this site. You may not use our products for any illegal or unauthorized purpose and you may not, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws). You must not transmit worms, viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in the immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (except 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 when transferred over networks. 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 or any contact on the website through which the Service is provided, without express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS
We are not responsible if information made available on this site is not accurate, complete or current. The information on this site is provided for general information only and should not be used as the sole basis for making decisions without first consulting more accurate, complete or timely sources of information. Any use of the content on this site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of the content) at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
NOOMXY offers wellness products and accessories primarily related to sleep, rest and nighttime wellness routines, including personal-use products such as nasal strips and other products intended to be used according to their instructions.
Certain products or services may be available exclusively online and in limited quantities. Products are subject to our Return Policy. Due to the hygienic and personal-use nature of certain products, a product that has been opened, used, unsealed or handled in a manner that compromises hygiene may be excluded from exchanges, returns or refunds, in accordance with our Return Policy and applicable law. We make reasonable efforts to display product colors, images, sizes and features as accurately as possible. However, slight differences may occur depending on the device used to view the site, display settings or manufacturing characteristics. Our products are intended solely for the uses indicated for each product and in its instructions. Unless expressly stated otherwise, NOOMXY products are wellness products and are not intended to diagnose, treat, cure or prevent any disease or medical condition and are not a substitute for professional medical advice. You should read and follow the instructions for use, warnings and precautions provided with each product. If a product causes irritation, discomfort or any adverse reaction, discontinue use and, where appropriate, consult a healthcare professional. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We reserve the right to limit the quantities of products or services that we offer. All product descriptions, specifications, availability and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and / or orders using the same billing and / or shipping address. We do not warrant that the quality of any product, service, information or other material purchased or obtained by you will meet your expectations exactly, or that all errors in the Service will be corrected. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more details, please review our Return Policy.
OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor have any control or influence over. For more information about exchanges, returns and refunds, please see our Return Policy. 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 under which such tools are provided by the relevant third-party providers. We may also offer new services and / or features through the website in the future (including the launch of new tools and resources). These new features and / or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available through our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for reviewing or evaluating the content or accuracy, and we do not warrant or have any liability for any third-party materials or websites, or any third-party materials, products or services. We are not responsible for any damage or loss related to the purchase or use of goods, services, resources, content or any other transaction made in connection with third-party websites. Please carefully review third-party policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, the "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate or otherwise use in any medium any comments that you forward to us. We have no obligation (1) to maintain the confidentiality of comments, (2) to pay compensation for comments, or (3) to respond to comments. We may, but have no obligation to, monitor, edit or remove any content that we consider unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates the intellectual property of any party or these Terms of Service. You agree that your comments will not violate any rights of third parties, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, computer viruses or other malicious software that could in any way affect the operation of the Service or any linked website. You may not use a false email address, use an identity that is not legitimate, or mislead a third party or us as to the origin of your comments. You are solely responsible for the comments you make and their accuracy.
PERSONAL INFORMATION
The submission of personal information through the site is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, sales charges, product shipping, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order). We assume no obligation to update, correct or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update date applied to the Service or any related website should be taken to indicate that any information in the Service or any related website has been changed or updated.
ERRORS, INACCURACIES AND OMISSIONS
From time to time, information on our site or in the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any error, inaccuracy or omission and to change or update information or cancel orders if information is inaccurate, including after an order has been placed, to the extent permitted by applicable law. We assume no obligation to update, correct or clarify information in the Service or on any related website, including pricing information, except where required by law. The existence of an update date does not imply that all information has been modified or updated.
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results that may be obtained from use of the service will be accurate or reliable.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the service is at your own risk. The service and all products and services provided through the service are (unless we expressly state otherwise) provided "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. Any error or omission in any content, or any loss or damage of any kind suffered as a result of the use of the service or any content (or product) displayed, transmitted or otherwise made available through the service, even if we have been advised of the possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those states or jurisdictions our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You expressly agree that your use of, or inability to use, the Service is at your own risk. The Service and all products and services provided through it are, unless we expressly state otherwise, provided "as is" and "as available", without representations, warranties or conditions of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, NOOMXY and its directors, employees, affiliates, agents, contractors, service providers or licensors shall not be liable for injuries, losses, claims or direct, indirect, incidental, punitive, special or consequential damages arising from use of the Service or any product purchased through it, except where such liability cannot legally be excluded. In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and / or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior version of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with applicable law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CHANGES TO TERMS AND SUBSCRIPTIONS
Questions about the Terms of Service should be sent to: contact@noomxy.com
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to review our website periodically. Continued use of or access to the website or Service after changes are posted constitutes acceptance of those changes.
Noomxy may offer certain products through subscription plans. When you purchase a subscription, you agree to the price, delivery frequency, billing cycle and other terms displayed during checkout. Unless expressly stated otherwise, subscriptions may automatically renew according to the selected cycle until cancelled in accordance with the applicable terms. Cancelling a subscription does not necessarily cancel orders that have already been processed. Specific cancellation, renewal and billing terms applicable to each subscription will be displayed during checkout and/or in the customer account.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to: contact@noomxy.com
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Section 1: Updated Program Description
We are offering an SMS/MMS mobile messaging program (the 'Program'), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the 'Agreement'). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the 'Dispute Resolution' section below. The Program uses artificial intelligence ('AI') technology to generate personalized messages, product recommendations, and conversational responses. Some or all messages you receive through the Program may be composed, in whole or in part, by AI systems rather than human agents.
Section 2: New "AI-Powered Messaging" Section
AI-Powered Messaging. Messages you receive through the Program may be generated using artificial intelligence and machine learning technology. This means that some messages, including product recommendations, promotional offers, and conversational responses, are created by AI systems rather than written by a human. You acknowledge and agree that:
(a) AI-generated messages may contain inaccuracies. While we strive to provide helpful and accurate information, AI-generated messages may include errors regarding product details, pricing, availability, promotions, or other information. You should independently verify any product information, pricing, or promotional offers before making a purchase decision.
(b) AI responses are not professional advice. AI-generated messages do not constitute professional, legal, medical, financial, or other expert advice.
(c) Your conversations may be processed by AI. When you reply to messages or engage in conversations through the Program, your responses may be processed by AI systems to generate relevant replies. Your message content, purchase history, and browsing activity may be used by AI systems to personalize your experience.
(d) You may request human assistance. If at any time you prefer to interact with a human representative rather than an AI system, you may request human assistance by contacting us at [CONTACT METHOD].
Section 3: Updated Consent Language
By participating in the Program, you agree to receive recurring automated marketing mobile messages, including AI-generated content, personalized product recommendations, and conversational AI responses, at the phone number associated with your opt-in. You understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer and/or AI-generated content, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ('ATDS' or 'autodialer'). You specifically consent to receiving messages where the content is generated, in whole or in part, by artificial intelligence systems.
Section 4: New "Data and AI" Section
Data Use for AI Personalization. To provide you with personalized messages and recommendations through the Program, we may use information including your purchase history, browsing activity, product preferences, and prior message interactions. This information may be processed by AI systems, including third-party AI service providers, to generate relevant and personalized communications. We do not sell your personal information to third parties. Our AI service providers are contractually prohibited from using your personal information to train their general-purpose AI models.
Section 5: New "Limitation of Liability for AI Content" Section
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR RELATED TO: (A) INACCURACIES, ERRORS, OR OMISSIONS IN AI-GENERATED MESSAGES, INCLUDING INCORRECT PRODUCT INFORMATION, PRICING, OR AVAILABILITY; (B) ANY DECISION YOU MAKE BASED ON AI-GENERATED CONTENT; (C) ANY PRODUCT RECOMMENDATION GENERATED BY AI SYSTEMS; OR (D) THE PERFORMANCE, RELIABILITY, OR AVAILABILITY OF AI FEATURES. THE PROGRAM AND ALL AI-GENERATED CONTENT ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND.
Section 6: Updated Checkout Opt-In Language
"I agree to receive recurring automated marketing text messages (e.g., cart reminders, AI-generated content, personalized recommendations) at the phone number provided. Consent is not a condition to purchase. May include AI-generated content. Msg & Data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel. View our Terms of Service and Privacy Policy."