This website is operated by Bexco Enterprises, Inc. brands which include Babyletto, Million Dollar Baby Classic, Namesake Home, DaVinci Baby, Franklin & Ben, Nursery Works, and Ubabub (each a “Brand” and collectively “Million Dollar Baby Co. Brands”, “we”, “us” or “our”). These Terms of Use (“Terms”) apply to all websites that are owned or operated by Million Dollar Baby Co. Brands and that have these Terms posted (collectively, the “Site” or “Sites”). We offer the Sites, including all information, products, and services available from this Sites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Sites or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.

If you are accessing or using the Service on behalf of a business, you represent and warrant to us that you have authority to accept these Terms on behalf of that business and that the business agrees to these Terms. For the purposes of these Terms, all references to “you” or “your” shall mean you, the individual or business accessing the Service, including the employees of any businesses using the Service.

Please read these Terms carefully before accessing or using our Sites. If you do not agree to these Terms, do not use the Sites, purchase our products, interact with us, or give us any information. Your continued use of the Sites or of our Service means that you agree to these Terms.

THESE TERMS INCLUDE, WITHOUT LIMITATION, BINDING ARBITRATION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS OPPOSED TO JURY TRIALS OR CLASS ACTION LAWSUITS).

1.             Account Registration. In order to access the Service, you may be asked to register for an account with us (“Account”) by providing certain requested information. You represent and warrant that: (a) all information you submit is true, accurate, current, and complete and (b) you will maintain the accuracy of such information. You may not impersonate someone else to create an Account, create or use an Account for anyone other than yourself, permit anyone else to use your Account, or provide another person’s personal information for purposes of Account registration.

2.             Account Security. Once you have an Account, you are solely responsible for all access to and use of the Service by anyone using your password and identification whether or not such access to and use of the service is actually authorized by you, including without limitation, all communications, transmissions, orders, payments, financial transactions, and other obligations incurred through such access or use. You agree to keep your Account access credentials confidential and will not disclose such credentials to any third party. You agree to immediately notify us if you have any reason to believe that your Account credentials have been compromised or that there is, was, may be, or may have been any unauthorized use of your account or password, or any other breach of security.

3.             Privacy Policy. All personal information we collect on the Sites or through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy, hereby incorporated herein. To view our Privacy Policy, please visit https://namesakehome.com/policies/privacy-policy.

4.             Intellectual Property Rights. The Sites, Service, and all related products, content, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by Million Dollar Baby Co. Brands, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible. These Terms permit you to use the Content for your personal, non-commercial use only.

5.             Prohibited Uses. You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to: (a) use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (b) use the Service in a manner that disrupts third parties’ similar use of the Service; (c) violate or tamper with the security of any software included in the Service; (d) modify, reverse engineer, or attempt to hack or otherwise discover any source code or underlying code, ideas, or algorithms of the Service (except to the extent that applicable law prohibits reverse engineering restrictions); (e) sell, resell, license, sublicense, provide, lease, lend, use for timesharing, or service bureau purposes, or otherwise use the Service or allow others to use the Service for the benefit of any third party, except as expressly permitted herein; (f) copy, reproduce, distribute, republish, download, display, post, or transmit in any form or by any means the Service or any component thereof, except as expressly permitted herein; (g) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy or intellectual property rights; (h) attempt to gain unauthorized access to the Service or its related systems or networks; (i) copy the Service or any part, feature, function or user interface thereof, or access the Service in order to build a competitive product or service; (j) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated applications, searches, requests, or queries to (or to strip, scrape, or mine data from) the Service; or (k) use the Service for any purpose other than as expressly licensed herein. If we have reasonable grounds to believe you are utilizing the Service in violation of this Section, we may, in our sole discretion, suspend the Service immediately with or without notice to you.

6.             Products. We reserve the right, but are not obligated, to limit the sales of our products 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. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of any product or service. Any offer for any product or service made on a Site is void where prohibited. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.

7.             Shipping. When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Service. All purchases from the Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Service pass to you upon delivery of the items to the carrier. By using the Service, you acknowledge and agree that you are responsible for filing any claims with carriers for damaged or lost shipments.

8.             Orders. We reserve the right to refuse any order you place with us. We may, in our sole 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, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

9.             Errors and Inaccuracies. Occasionally there may be information on our Sites or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 undertake no obligation to update, amend or clarify information in the Service or on any Site, including without limitation, pricing information, except as required by law.

10.          Payment Terms. Some features of the Service may require you to make certain payments, such as any transaction, order, or purchase of products. Any fees that we may charge you for your purchase of products or use of or access to the Service are due immediately when charged. We reserve the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. Product prices and related fees will be in United States Dollars. By confirming your purchase at the end of the checkout process, you agree to accept and pay all costs and fees as well as all shipping and handling charges and applicable taxes. The sales tax quoted at time of checkout is only an estimate. The final total sales tax will be reflected on your invoice and will include state and local taxes.

We may use third-party services to process payments, which have their own separate terms of service. While we will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, we expressly disclaim any liability for any damage that may result should any third parties gain access to such information, and you agree to hold us harmless for any damages that may result therefrom.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your Account. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.

11.          Third-Party Content. The Service may contain links or provide access to third-party websites, content, and services (“Third-Party Content”). Such Third-Party Content is not under our control, and we are not responsible for any Third-Party Content. We provide access to such Third-Party Content as a convenience to you, and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Content. You use all Third-Party Content at your own risk, and we recommend you apply a suitable level of caution and discretion in doing so. Whenever you click on any link to any Third-Party Content, the applicable third party’s terms and policies will apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Third-Party Content.

12.          Feedback. If you provide us with any comments, feedback, or suggestions regarding the products or Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. We will treat any Feedback as non-confidential and non-proprietary. You agree not to submit to us any information or ideas that you consider to be confidential or proprietary.

13.          Comments. We may, but have no obligation to, monitor, edit or remove 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. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

14.          Electronic Communications Consent. Email, text messaging, push notifications and other electronic communication (“Electronic Communications”) allow us to exchange information with you in connection with the Service. You agree and consent to the use of Electronic Communications as an acceptable form of communication regarding the Service. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You acknowledge that Electronic Communications may not be a completely secure means of communication, and there may be the potential for such communications to be accessed in storage or during transmission.

Applicable laws require that some of the information or communications we send to you should be in writing. You acknowledge and agree that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

15.          Mobile Message Service. If you consent to our text messaging service, you agree to receive recurring text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include specials, promotions, product launches, abandoned cart, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider or other third parties. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

You may opt-out of the text messaging service at any time. Text the single keyword command STOP to +18332808828 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs with us and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. We may change any short code or telephone number we use to operate the Service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the text messaging service, any errors in such information, and/or any action you may or may not take in reliance on the information.

16.          Promotions. Occasionally we highlight promotional offers that may be exclusive to our site. These offers are only valid in accordance with the following terms and any other specified terms and conditions as advertised with the promotion:

·         Promotional discount codes must be applied at checkout prior to completing your order and within the stated validity period.

·         Promotions, including promotional codes, cannot be applied to previously placed orders or products not in stock at time of purchase.

·         Promotional codes are not transferable or redeemable for cash or credit.

·         Promotions cannot be combined with other offers (including sale items), and may only be redeemed once per customer unless otherwise stated.

·         Because of our contractual agreements with our trade partners and other authorized retailers, we do not match pricing, coupons, shipping rates, or any other promotional offers.

 

17.          Gift Cards. Gift cards, merchandise return cards, and promotional cards (“Gift Cards”) may be redeemable for merchandise or at our stores and online. Gift Cards are for personal use only and are not transferable between Brands. Gift Cards are non-transferable, non-refundable and may not be redeemed for cash or applied as payment to any account or returned unless required by law. In the event a purchase made with a Gift Card is returned, the original Gift Card will be credited first. The Gift Card may not be used to purchase another Gift Card or toward previously purchased merchandise. Discount codes cannot be used on the purchase of Gift Cards. We are not responsible for cards that are lost, damaged, or stolen, or any unauthorized use of Gift Cards. We reserve the right to refuse to honor any Gift Card in the event of a disputed credit card charge or other failure of consideration. Unauthorized resale of Gift Cards is prohibited. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state’s unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state’s unclaimed property law, by operation of law, we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state’s unclaimed property administrator to attempt to recover your unused Gift Card balance.

18.          NO WARRANTY. EXCEPT AS EXPRESSLY SET FORTH ON THE APPLICABLE BRAND’S WEBSITE, THE SERVICE AND PRODUCTS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE OR PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. WITHOUT LIMITING THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. IF APPLICABLE LAW REQUIRES ANY WARRANTIES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19.          LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE OR PRODUCTS, OR INABILITY TO USE THE FOREGOING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY YOU INCUR THROUGH USE OR AS A RESULT OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICE OR PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS (U.S. $100). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.  

20.          Indemnification. You agree to indemnify and hold Million Dollar Baby Co. Brands and their officers, directors, employees, consultants, affiliates, subsidiaries, and agents harmless from any claim, demand, liability, damage, loss or expense, including costs and attorneys’ fees, caused by or arising out of (a) your use of the Service and/or products purchased through the Service; (b) your violation of these Terms; or (c) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to promptly inform you in writing of any such claim, demand, action, or suit, provided that any failure to so inform you will not affect your obligation of indemnity, except to the extent you are materially prejudiced by such failure.

21.          Governing Law. These Terms, and the license granted herein, shall be governed by the laws of the State of California, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California.

22.          Arbitration. PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements between you and us. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms shall be resolved exclusively by final, confidential, and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, then in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Arbitration can resolve only your or our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. The Applicable Rules can be found at www.jamsadr.com. The Arbitration will be conducted in Los Angeles, California, unless you and we mutually agree otherwise.

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MILLION DOLLAR BABY CO. BRANDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

23.          Changes to these Terms. We reserve the right to modify these Terms, and to add new or additional terms or conditions on your use of the Service, for any reason, without notice, at any time. Such modifications and additional terms and conditions will be effective immediately. Your continued use of the Service will be deemed acceptance hereof. We will notify you of material changes by email or posting a notice on our website prior to the effective date of such changes.

24.          No Guarantee of Service. Although we hope to make the Service available at all times, there may be times when we need to disable the Service either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove, and/or disable access to the Service and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for changes to pricing or the discontinuance, modification, suspension, or removal of, or disabling of access to, the Service at any time and/or for any period of time.

25.          Force Majeure. We shall not be responsible for any delay or failure to comply with these Terms or for any liability arising under these Terms to the extent due to causes beyond our reasonable control, including eminent domain, earthquake, flood, civil unrest, acts of God, war, or terrorist attacks, whether physical or electronic, or failure of the Internet.

26.          Miscellaneous. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties. The section headings are provided merely for convenience and shall not be given any legal import. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees. The word “including” means “including without limitation”. If any provision of these Terms is for any reason held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

27.          Contact Information. Questions about these Terms should be sent to us at info@namesakehome.com.