Privacy Statement
Ninja Focus, Inc. values the privacy of its users. We are committed to protecting your privacy though compliance with this policy. Our aim is to create a safe and secure environment for our users. This Privacy Statement (“Privacy Statement”) informs you about our policies and practices regarding the collection and use of your information and lets you know about options that you have to control or restrict the availability and use of your information.
1) About Us. We are Ninja Focus, Inc. (“Ninja Focus”, “us”, “we” or “our”), a Delaware corporation.
2) Our Services. Ninja Focus provides a mobile application to promote mindfulness among children. We deliver mindfulness tools to users (“Users,” “you,” “your”) via the Ninja Focus app, which can be found on Apple’s App Store or Google Play store for Android and through other platforms and media through which we may make the services, content and functionality available, including any related websites (collectively, the “Services”).
3) Purpose of Privacy Statement. This Privacy Statement informs you of Ninja Focus’s policies and practices regarding the collection and use of information you submit to us or which we collect about you through our Services. We will only use your information or share your information in the ways we describe in this Privacy Statement. The Privacy Statement also outlines options that you have to control or restrict the availability and use of your information. By using the Services you acknowledge and agree that: (i) your information will be processed as described in this Privacy Policy; and (ii) you consent to have your information transferred to us and our facilities in the United States or elsewhere, including those of third parties as described in this Privacy Policy.
We are committed to protecting the privacy of children who use our sites and applications. This Privacy Statement explains our information collection, disclosure, and parental consent practices with respect to information provided by children under the age of 13 (“child” or “children”), and uses terms that are defined in our general Privacy Statement. This Statement is in accordance with the U.S. Children’s Online Privacy Protection Act (“COPPA”), and outlines our practices in the United States regarding children’s personal information. For more information about COPPA and general tips about protecting children’s online privacy, please visit OnGuard Online.
4) Privacy Statement Changes. Ninja Focus reserves the right to change this Privacy Statement from time to time. We will usually inform you of any changes by posting the updated Privacy Statement through the mobile applications and through other platforms and media through which we may make the services available. If we make any material changes to our Privacy Statement, we will post a notification through the mobile application and/or, if you are registered, notify you via your preferred means of contact for such notices (e-mail or text message) and/or by asking you to review the changes to the Privacy Statement the next time you access the Services. Your continued use of the Services after the changes are communicated will indicate your consent to our use of your information consistent with this Privacy Statement, including those changes.
5) Terms. Important terms that we use in this Privacy Statement are “Personal Information”, “Non-Identifying Information” and “Log Data.” To explain what we mean by these terms:
6) “Personal Information” is information about you that can be used to contact or identify you, such as, name, address, e-mail address. It also may include financial information and certain health-related information that you may provide.
7) “Non-Identifying Information” means information that does not permit the identification of an individual person, such as, hobbies and habits. Some Non-Identifying Information could be considered a part of your Personal Information if it were combined with other identifiers in a way that enables you to be identified.
8) “Usage Details” is derived by our servers automatically as you interact with the Services, which record information that your browser or mobile device sends whenever you interact with the Service. Log Data is a form of Non-Identifying Information.
9) Purpose of Collecting Information. We want to give Users the best experience possible. We collect information to provide and manage the Services, to deliver to our Users a personalized experience, and to improve our Services, features and content. To access the website or the Services, you may be required to create a user account, including user ID and password, and input certain Personal Information, including your email address. In general, you can browse the website and “opt-out” from providing us with any Personal Information. Once you agree to provide us with Personal Information, you are no longer anonymous to us. If you choose to use and/or purchase certain Services we may require you to provide contact and identity information, billing information, and other Personal Information as indicated on the forms throughout the Site. Where possible, we indicate which fields are required and which are optional. You always have the option to not provide information by choosing not to use or purchase a particular service.
10) Information Collected.
i) Personal Information. When you create an account, we may collect your Personal Information. If you choose to view content that may be available through a subscription (“Subscription Services”), we will also collect credit card or other payment information and your billing address through our third party processors as described further below.
ii) Non-Identifying Information. We also collect some Non-Identifying Information about a user’s feelings as they navigate through our Services to enhance certain functionalities on the Services. For example, when a user first describes their mental, physical and emotional status as they enter the Services, Ninja Focus will use this information to improve its recommendations to the user and enhance certain modules, including, but not limited to, the “The Gift of Compassion”, “Power of Imagination”, “Garden of Happiness”, and “ABC’s of Gratitude”. We also track the content and time a user is meditating for the purposes of improving your experience and tracking a user’s progress.
iii) Usage Details. When a user interacts with the Services, our servers automatically record Log Data that the user’s mobile device or browser sends. This Log Data may include information such as the user’s mobile device identifier, computer’s IP (Internet Protocol) address and browser type, operating system, and other analytics that help us deliver and monitor the effectiveness of our Services.
iv) Parental Controls and Waiver. Ninja Focus incorporates parental controls in the process for creating a Ninja Focus account or changing any settings on your child’s account. Ninja Focus may enable features that we update from time to time, including, chat, social media sharing, etc. When registering, we will ask whether the parent would like to opt-in to the “parental controls” option. Parents have the option to opt-in or they may skip this process by pressing the “skip” button. If you choose to skip the button, you consent that you have waived your right to utilize the parental controls feature until you re-enable the parental controls feature again. You consent that by opting out of the parental controls feature, you will not be able to restrict your child’s access to Ninja Focus’s content. Opting in to the parental controls feature will be available at all times.
v) Contacting Us. If you leave us feedback or write to us directly, we will collect the information that is contained in your feedback or comment form, which may include your e-mail address or other information that you may submit to us.
11) Information Collected from Children. Children can access many parts of the mobile application and its content and use many of its features without providing us with Personal Information.
We only collect as much information about a child as is reasonably necessary for the child to participate in an activity, and we do not condition his or her participation on the disclosure of more personal information than is reasonably necessary.
We enable registered users to activate or control certain features of the Ninja Focus application with their voice on speech-based products (e.g., Amazon Alexa, Google Home, Siri, etc.) to promote mindfulness practices among children. Use of the Voice Activated Commands results in the temporary collection and recording of a voice audio file. We only use the audio files generated from the Voice Activated Commands to execute those instructions and do not make other uses of the audio files. We delete the associated audio files after executing the requested action in accordance with this Privacy Statement. Some content or applications on Ninja Focus are served by third-parties and application providers. If you would like to learn more about these third-parties and application providers, please visit their privacy statements to learn more about how your information is protected.
12) Protecting Child Users. Different practices apply to Users under the age of 13 (“Child Users”), as required by the Children’s Online Privacy Protection Act (“COPPA”). There will be no opportunity for a Child User to submit Personal Information on Ninja Focus to create an account except in limited circumstances consistent with this Privacy Statement. Parents and legal guardians are required to create a Ninja Focus account on behalf of their children under the age of 13. Certain Non-Identifying Information may be collected from a Child User solely to enable Ninja Focus to deliver the Services and personalize the Services for the Child User.
In general, if you are under the age of 13, it is a good idea to talk to and ask your parent(s) or guardian(s) for permission before using or playing on the Service. If you do not get such permission, you should not use our Service. Parents should contact Ninja Focus immediately if they have any concerns regarding the Service. Please see the Contact Information section below for further details.
If you (not a Child User) wish to purchase a subscription, only information and data for the purchaser shall be stored in accordance with this Privacy Statement, and the purchase shall not result in the storage of additional data about the Child User. Any further collection of information from or communications with the Child User beyond what is described in this Privacy Statement will be subject to advance parental consent under COPPA. If you have any further questions about how information from a Child User is collected or used, please contact us at privacy@ninjafocus.com.
i) Information relating to your use of or interaction with third party plug-ins. Social media plugins include links to Google, Facebook or Twitter. When you use these features, certain information from your social media accounts may be accessed by or shared with Ninja Focus, and likewise, certain information about your use of Ninja Focus may be posted to your profile on those platforms.
ii) Push Notifications. Your child may be able to receive push notifications to receive reminders for incorporating mindfulness practices into their life, such as, reminders for your child to brush their teeth, meditate, or exercise. Push notifications will not be used for advertising purposes.
We ensure that your child’s receipt of push notifications will be COPPA-compliant. To ensure compliance, Ninja Focus takes the following measures:
1) We do not combine any other personal data collected from the child with the push notification, e.g. Ninja Focus will not personalize the message by including the child’s name, for example, even if that name was collected in compliance with COPPA.
2) At the point of requesting the push notification permission (or before), Ninja Focus will obtain the parent’s email address. Ninja Focus will then provide the parent with notice that the child has enabled notifications and give the parent a way to opt out. This is called Direct Notice.
3) Ninja Focus will only send push notifications containing information about the Ninja Focus app and that is relevant to the child’s activities in the Ninja Focus app. For example, a notification that new content is available. Ninja Focus will not send any marketing messages about other products.
13) Tracking Methods. We may collect information through the mobile application about your individual device. The purpose of this collection is: (i) to deliver content requested by the Users or to recommend content we think may be of interest; (ii) to optimize the Services for the particular mobile device; and (iii) to gather analytics and data about the way the Services are used through the mobile applications.
14) Internal Use. We only use Personal Information for internal use. We use Personal Information in some cases in conjunction with Non-Identifying Information to recommend and deliver to the User content and features we think the user will enjoy, based on their age, habits, hobbies, and other information that will improve the Ninja Focus user experience. Log Data is used to track and report to a user on their progress, monitor and analyze use of the Services, to analyze usage patterns, to optimize their access to our Services, and to control the load on our servers so that we can serve users better. We may also combine Personal Information with Non-Identifying Information and Log Data and aggregate it with information collected from other Users to improve the quality and performance of our Services and to analyze how our Services are used. We may use your contact information to remind you about the Services and new options that we may make available and to inform you about changes to our Services.
15) Information Shared with Third Parties.
We do not share your information with third parties except for limited circumstances such as:
- Sharing financial information with payment processors;
- Transferring information in the event of a business transfer;
- Compliance with laws and law enforcement; or
- Social media sharing
i) Payment Processors. If you sign up through Ninja Focus for a Subscription Service or purchase premium content, third party payment processors (e.g., Stripe, PayPal, Google Play, App Store, Amazon, Microsoft Store) may have access to your Personal Information for the sole purpose of processing transactions and renewals. Any such payment processors will be bound to maintain all such Personal Information in a secure environment, keep its confidentiality and not use or disclose such information for any purpose other than to validate purchases and operate Subscription Services. If you purchased content or signed up for Subscription Services through an app store, you should refer to that store’s terms for information on how it maintains personal financial information.
ii) Business Transfers. If Ninja Focus or the assets of Ninja Focus are acquired by another company, we may transfer your information in connection with that acquisition or sale and the acquiring company will possess the information (including your Personal Information) collected by us and it will assume the rights and obligations described in this Privacy Statement.
iii) Compliance with Laws and Law Enforcement. We may access and disclose your Personal Information to government or law enforcement officials or private parties if we believe in good faith that such disclosure is necessary to comply with applicable laws, to respond to valid legal process such as a search warrant, subpoena, statute, or court order, to protect the property and rights of Ninja Focus or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may c
onsider to be, or to pose a risk of being, illegal, unethical or legally actionable.
16) Unsubscribing and Deleting Information. You may access, update and edit certain Personal Information that is in your account. When you receive messages from us by your chosen method of communication (whether e-mail or text or by push notification), you may indicate a preference to stop receiving further communications from us by electing to “unsubscribe” and you may turn off notifications on your mobile device. We may, however, still send you administrative messages regarding the Services. You may contact us privacy@ninjafocus.com with a request that we delete your Personal Information from our database or remove other information that you no longer wish to include as part of the Services. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. Child Users may not add Personal Information to their account and will only receive administrative messages that affect their use of the Services. If a child between the ages of 13 and 18 wishes to erase or delete any information that he or she has included or shared via the Services, please contact us at privacy@ninjafocus.com and we will promptly comply.
At any time, you may review the child’s personal information maintained by us, require us to correct or delete the personal information, and/or refuse to permit us from further collecting or using the child’s information.
You can review, change, or delete your child’s personal information by:
1) Logging into your child’s account and visiting his or her account profile page; OR
2) Sending us an email at privacy@ninjafocus.com. To protect your privacy and security, we may require you to take certain steps or provide additional information to verify your identity before we provide any information or make corrections.
17) Information Retention. Unless there is a specific legal or regulatory requirement for us to keep information, we will retain it for no longer than is reasonably necessary for the purposes for which the data was collected or for which it is to be further processed. The retention period is also subject to provision
18) Information Storage. Ninja Focus is located in the United States. Accordingly, Personal Information we collect may be transferred to and stored in our servers or those of third parties that act on our behalf (such as hosting providers) in the United States. By using the Services you agree to such collection, transfer and storage to other territories where the information may have been collected.
19) Securing Information. We follow generally accepted industry standards to protect Personal Information, including your email address, submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
20) Assess/Correct Child’s Information. You should be aware that while we take industry standard administrative, physical and technological measures to maintain the security of your Personal Information, we are not able to fully eliminate all security risks or potential breaches.
We value you and your child’s privacy. We want Ninja Focus to be a safe place to promote mindfulness for children. If you have any questions regarding privacy, please do not hesitate to contact us at privacy@ninjafocus.com.
21) California Privacy Rights. California Civil Code Section § 1798.83 permits users of our website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@ninjafocus.com.
Terms of Service
1) About Us. We are Ninja Focus, Inc. (“Ninja Focus”, “us”, “we” or “our”), a Delaware corporation.
2) Our Services. Ninja Focus provides a mobile application to promote mindfulness among children. We deliver to users (“Users,” “you”, “your”) mindfulness tools via the Ninja Focus app, which can be found on Apple’s App Store or Google Play store for Android and through other platforms and media through which we may make the services, content and functionality available, including any related website (collectively, the “Services”).
3) Purpose of Terms of Service. This Terms of Service (“Terms of Service”) contain the legally binding terms for your use of the Services and govern your access and use of the Ninja Focus app, and any content, functionality, and services offered on or through any related website or our app. You should also review Ninja Focus’s Privacy Policy, accessible through the Ninja Focus mobile application, which contains important information about how we use your data. By accessing and using the Services, whether on a free or subscription basis, you agree to comply with and be bound by these Terms of Service. As explained in our Privacy Policy, and as described here, different practices apply to Users under the age of 13 (“Child Users”). If you do not agree to these Terms of Service, you should not access or use the Services.
Users hereby grant and acknowledge Ninja Focus the right to enable registered users to activate or control certain features of the Ninja Focus application with their voice on Amazon Alexa to promote mindfulness practices among children. Use of the Voice Activated Commands results in the temporary collection and recording of a voice audio file. We only use the audio files generated from the Voice Activated Commands to execute those instructions and do not make other uses of the audio files. We delete the associated audio files after executing the requested action subject to the provisions 13 and 16.
4) Terms of Service Changes. Ninja Focus reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services at any time and without prior notice. We will usually inform you of any changes by posting the updated Terms of Service through the mobile applications and notifications though e-mail or text messages. If we make any material changes to these Terms of Service, we will post a notification through the mobile applications and on the Ninja Focus website and, if you are registered, notify you via your preferred means of contact for such notices (e-mail or text message) and/or by asking you to review the changes to these Terms of Service the next time you access the Services. Your continued use of the Services after the time the changes are communicated will indicate your acceptance of the Terms of Service, including those changes.
5) Permitted Uses. The Services are made available to you for your non-commercial use only. You agree not to use Ninja Focus or any of its content to promote a product or service. You may not modify, reproduce, download, store, distribute, publish, license, or create derivative works from the Services or from the Content. You may not access Ninja Focus in any way that could damage, disable or overburden the Services. You may not use any third-party APIs, software, tools or scripts to access or modify the Services or underlying technology, unless you are authorized in writing by Ninja Focus.
6) Your account.
i. By creating an account, you represent and warrant that:
a. you are over the age of 18;
b. all required registration information you submit, whether through Ninja Focus is truthful and accurate;
c, you will maintain the accuracy of such information; and (iv) if you are a subscriber, your account will be used only by the subscriber, and will not be shared with others outside of the same household.
ii. To register for the services, you will be asked to choose a username and a password. You are responsible for maintaining the confidentiality of your password and all use of your Ninja Focus account. You agree not to use the account, username, or password of another User. You agree to notify us immediately if you suspect any unauthorized use of your Ninja Focus account or access to your password.
iii. Ninja Focus may restrict, deactivate or terminate your access to the Services or your Ninja Focus account if Ninja Focus believes you are in breach of these Terms of Service, You understand that deactivation of your Ninja Focus account by you or by us may remove information from our live databases, but that our servers may maintain certain information for archival or legal purposes.
7) Content. In all cases, “Content” means any and all text, images, photos, videos, sounds, postings, messages, recommendations, comments, files, feedback, bug reports, or other materials and works of authorship. Ninja Focus may use content from Company Content Providers such as authors, influencers providing meditation, athletes with the Company Content Providers’ authorization to promote Ninja Focus services. The Content provided through our website and the Services is protected by law, including, but not limited to, United States copyright law and international treaties. The website and the Services are controlled and operated by Ninja Focus from its offices within the United States. Ninja Focus makes no representation that materials on the website and in the Services are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site and the Services from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
Ninja Focus grants you the personal, non-exclusive, revocable, non-transferable right to use the software and technology that is provided as part of the Services for your use in accordance with these Terms of Service. You acknowledge that Ninja Focus owns all right, title and interest in, to, and under the Services, including without limitation, all underlying software and technology, and all other Intellectual Property Rights in relation to the Services, other than that owned by third parties. “Intellectual Property Rights” means any and all intellectual property rights existing in any part of the world under applicable law, including without limitation patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all applications, renewals, extensions and restorations of such rights, now or hereafter in effect worldwide.
You agree not to:
i. modify, copy, publish, display, transmit, distribute, perform, sell or create derivative works based on the Content and Services;
ii. rent, lease, loan or sell access to the Services; or
iii. decompile, reverse engineer or copy any Content (other than the Content you post) or the Services. You also agree to not remove, obscure or alter Ninja Focus’s copyright notice, logos, trademarks or other proprietary rights notices affixed to or contained within the Services. You will not interfere with, disrupt or create an undue burden on the Services or the networks or services connected to the Services.
8) Subscription Charges. The Ninja Focus Service may require a subscription which may be charged in advance or periodically, according to the plan you selected when you began your subscription (the “Subscription Services”). The subscription charge will be as follows:
- Monthly Subscription $12.99
- Yearly Subscription $89.99
- Lifetime Subscription $399.99
Your payment may be charged directly by Ninja Focus through third party payment processors (e.g., Stripe, PayPal, Google Play, App Store, Amazon, Microsoft Store), in which case you should look to the provider’s terms regarding in-app payments. To the extent the Services or any portion thereof is made available for any fee or through a subscription, your access will be granted following payment of the applicable fees to Ninja Focus. Your account and access to the Services may be suspended in the event of non-payment of applicable fees
a. If you purchase Subscription Services, you agree that your subscription is personal to you and the members of your household, and you may not share your account and password with others. Any such sharing by you of your account and password is a violation of these Terms of Service and may result in the cancellation of your subscription without refund. Most subscriptions will automatically renew at the end of the subscription period with a charge to the credit card that Ninja Focus has on file for you if you do not turn off cancel the subscription 24 hours prior to the renewal period (unless you have a subscription during trial period), or through the payment provider you have chosen. For all subscription plans, if you do not wish your subscription to renew, you may cancel at any time through your account. Ninja Focus will not refund any unused or inadvertently renewed subscriptions, and it is always within Ninja Focus’s sole discretion whether to grant any refunds. Child Users may not sign up for Subscription Services. If the parent or guardian of a Child User wishes to purchase a Subscription Service for the Child User, the parent or guardian must create an account and gift the subscription to the Child User. In that event, all account information will relate to the parent or guardian and no personal information will be retained for the Child User.
b. When you pay for a subscription, Ninja Focus will take your credit card or other payment information and billing address and will collect and use such information in accordance with the Ninja Focus Privacy Policy. If your designated payment method is refused or returned, you acknowledge that Ninja Focus may immediately cancel your subscription. Prices and payments are in United States currency only, and you are responsible for paying any applicable taxes on the subscription, unless stated otherwise. We reserve the right to change fees by publication in the Ninja Focus Services and any new subscription fees will apply after the end of your current subscription period.
11) Breach. Any breach by you of these Terms of Service may result in, among other things, termination or suspension of your rights to use the Services and deactivation of your account, along with the cancellation of your subscription, if applicable.
12) Legal Obligations. In order to cooperate with legitimate government or regulator requests, subpoenas or court orders, to protect our systems and Users, to protect the property and rights of Ninja Focus or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, account information, device ID, IP address, usage history and other information and data. We will not disclose any information or data of a Child User, without first notifying, and, if appropriate, getting permission from the parent or guardian.
13) Disclaimer of Warranties. THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS. INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. NINJA FOCUS MAKES NO CLAIMS WHATSOEVER ABOUT ANY MEDICAL OR HEALTH BENEFITS FROM THE USE OF THE NINJA FOCUS SERVICES AND DOES NOT PURPORT TO GIVE MEDICAL ADVICE. IT IS SOLELY YOUR RESPONSIBILITY TO CONSULT WITH YOUR OWN MEDICAL AND HEALTH PRACTITIONERS ABOUT YOUR OWN PHYSICAL AND MENTAL HEALTH AND THE MENTAL AND PHYSICAL HEALTH OF ANY CHILD USER FOR WHOM YOU ARE RESPONSIBLE. NO DOCTOR-PATIENT RELATIONSHIP IS CREATED BY YOUR USE OF SERVICES. NINJA FOCUS EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NINJA FOCUS DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, QUALITY AND PERFORMANCE OF THE CONTENT AND THE SERVICES. NINJA FOCUS DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR VIEWING OF THE CONTENT AND USE OF THE SERVICES, AND DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY BENEFIT FROM YOUR USE OF THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU VIEW THE CONTENT AND USE THE SERVICES AT YOUR OWN DISCRETION AND RISK. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14) Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NINJA FOCUS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NINJA FOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
I. THE USE OR THE INABILITY TO USE THE SITE;
II. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES;
III. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
IV. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
V. ANY OTHER MATTER RELATING TO THE SERVICES. YOU ALSO AGREE THAT NINJA FOCUS WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THE SITE OR SERVICES, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND NINJA FOCUS’ REASONABLE CONTROL.
IN NO EVENT SHALL NINJA FOCUS BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL NINJA FOCUS BE LIABLE TO ANY USER IN CONNECTION WITH THAT USER’S USE OR MISUSE OF THE CONTENT OR THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF NINJA FOCUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE CONTENT OR SERVICES, FROM INABILITY TO USE THE CONTENT OR SERVICES, FROM ANY CLAIM RELATING TO THE USER OF THE CONTENT OR THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE CONTENT OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
15) Release. You hereby release us, our officers, employees, investors, agents and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, emotional distress, death and property damage, that is either directly or indirectly related to or arises from your use of the Services.
16) Indemnity. You agree to defend, indemnify and hold Ninja Focus, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Content or Services or your violation of these Terms of Service.
17) Comments. If you have comments on the Ninja Focus website or Services or ideas on how we might improve, please contact us at privacy@ninjafocus.com. If you submit any comments or ideas to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments and ideas for any purpose. The licenses granted under this Section shall survive the termination or expiration of these Terms of Service.
18) Resolution of Questions/Concerns. If you have any questions or concerns about the Services or these Terms of Services, we strongly encourage you to first contact us privacy@ninjafocus.com directly.
19) Arbitration. For any claim where the total amount of the award sought is less than $10,000 (excluding claims for injunctive or other equitable relief), either party may elect to resolve the dispute in a cost effective manner through binding arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
i. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
ii. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
iii. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action.
20) Governing Law. These Terms of Service shall be governed by the laws of the State of Arizona without giving effect to any conflicts of laws principles that would require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Ninja Focus must be resolved by a court located in Maricopa County, Arizona, except as otherwise agreed by the parties or as in the arbitration option. You agree to submit to the personal jurisdiction of the courts located within Maricopa County, Arizona for the purpose of litigating all such claims or disputes.
21) Miscellaneous. If for any reason a court finds any provision or portion of this Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. The provisions of these Terms of Service that by their nature are continuing will survive any termination. This Terms of Service is the entire agreement between the parties with respect to the use of the Services and supersedes and replaces all prior or contemporaneous communications or agreements, written or oral. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by Ninja Focus.
