Terms of Service

This Terms of Service Agreement (“Agreement”) is entered into by and between Nahnu Media, a brand owned and operated by Nahnu Fitness LLC (“Nahnu Media”, “we”, “us”, or “our”) and you, and is effective as of the date of your electronic acceptance.

This Agreement outlines the general terms and conditions governing the services you purchase or access through our website (the “Site”). Any additional service agreements or project-specific contracts you enter into with us (“Service Agreements”) are supplemental to this Agreement. In the event of any conflict between a Service Agreement and this Agreement, the Service Agreement will take precedence.

1. Definitions

For the purpose of this Agreement:

  1. Change Orders – Any authorized request to modify the scope of Services, including additions, deletions, or adjustments to fees or timelines.
  2. Fees – All amounts payable by you to Nahnu Media for the services purchased.
  3. Fee Schedule – Our current pricing for Services, as listed on the Site. We reserve the right to update pricing at our sole discretion.
  4. International Customers – Clients accessing our Services from outside the United States.
  5. Laws – All applicable local, state, federal, and international laws governing your use of our Services.
  6. Parties – Collectively refers to Nahnu Media and you.
  7. Payment Account – The credit card or other payment method you provide to pay for Services. Payments processed by third parties are subject to their terms and conditions.
  8. Services – Any offerings purchased from or accessed through Nahnu Media or its affiliates, agents, or partners.
  9. Service Agreements – Any additional contracts, agreements, or policies related to specific Services you obtain from Nahnu Media.
  10. Site – Our official website, www.nahnumedia.com.
  11. Nahnu Media, “we,” “us,” or “our” – Refers to Nahnu Media, a brand owned by Nahnu Fitness LLC, including its successors and assigns.
  12. You, “your” – Refers to the individual or entity purchasing or using our Services.
  13. Your Services – The specific services you purchase, subject to the relevant Service Agreement and Fee Schedule in effect at the time.

2. Term and Termination

2.1 Month-to-Month Services

Nahnu Media offers certain Services on a month-to-month basis. These Services automatically renew every month unless cancelled in accordance with this Agreement. All fees for month-to-month Services are due upfront, in advance, and are non-refundable.

If you choose to cancel a month-to-month Service, the cancellation will take effect at the end of the current billing cycle. No partial refunds or prorated credits will be issued.

2.2 Extended Term Packages

Some Services are sold as Extended Term Packages, with durations longer than one month (e.g., 3, 6, or 12 months). These packages will automatically renew at the end of each term for the same duration unless you cancel prior to the renewal date.

All fees for Extended Term Packages are due upfront, in advance, and are non-refundable. If you cancel before the end of the package term, you will not be entitled to a refund for any unused portion.

2.3 Minimum Term Contracts

Certain packages may be subject to a Minimum Term Contract, meaning you agree to a fixed commitment period (e.g., 6 or 12 months). After the initial term, these contracts automatically convert to month-to-month service, unless otherwise agreed.

All fees for Minimum Term Contracts are due upfront, in advance, and are non-refundable. If you cancel before the end of the initial commitment period, you authorize Nahnu Media to charge your Payment Account for the full remaining balance of the contract.

2.4 Automatic Renewal

All Services are set to automatically renew at the end of each billing period. Unless you disable auto-renewal before the renewal date, your service will renew and the associated fees will be charged to your Payment Account.

Renewal pricing may differ from the original service period pricing. You acknowledge and agree that renewal rates may be higher or lower than your initial rate.

You may opt out of automatic renewal at any time by notifying Nahnu Media in writing or via your account settings (if available). If you opt out, your service will expire at the end of the current term.

2.5 Termination by Either Party

Unless otherwise stated in a separate agreement, either party may terminate this Agreement at any time with 30 days’ written notice.

You may cancel your services by sending written notice to Nahnu Media. Nahnu Media reserves the right to suspend or terminate your Services immediately, without notice, under the following conditions:

  • You breach any provision of this Agreement;
  • Your Payment Account is declined, or you revoke payment authorization;
  • Your payment is more than 15 days overdue.

3. Fees

3.1 Fee Schedule

All Services offered by Nahnu Media are subject to fees as listed in our current Fee Schedule (available upon request or posted on our Site). By registering for or purchasing any Services, you authorize Nahnu Media to charge your designated Payment Account for all applicable fees.

3.2 Payment Terms

Fees must be paid in advance and no later than the first day of the month in which Services are rendered, unless otherwise specified in a separate agreement.

3.3 Change Orders

You may request modifications to your Services at any time prior to project completion. All modifications must be documented and approved through a Change Order. Nahnu Media reserves the right to accept or reject any requested changes at its sole discretion.

3.4 Payment Account Authorization

All fees must be paid in U.S. Dollars and are charged in advance. Unless otherwise agreed, Nahnu Media will automatically charge:

  • Monthly fees
  • Extended Term or Minimum Term package fees
  • Any additional services, taxes, or applicable charges

…to your Payment Account.

By using our Services, you authorize Nahnu Media to automatically debit your Payment Account for any renewals, updates, or additional purchases.

If your Payment Account provider offers an account updater service (e.g., updating expiration dates or card numbers), you agree we may use it. However, you are solely responsible for keeping your billing information accurate and up to date. Nahnu Media is not liable for declined payments or outdated information, and you agree to cover any costs we incur due to invalid billing details.

3.5 Promotional Offers

We may occasionally offer special promotions or discounted rates. These offers may have unique terms that override parts of this Agreement only for the promotional period. Promotional offers cannot be combined unless explicitly stated.

3.6 Collection & Legal Fees

You are responsible for all collection costs, including reasonable attorney’s fees, should unpaid balances require collection efforts.

3.7 International Customers

If you are located outside the U.S., you assume all risks related to currency conversion, foreign transaction fees, and applicable taxes. Certain Services may not be available to International Customers until we receive confirmation from your payment provider that funds are available.

3.8 Refund Policy

All payments are non-refundable, including partial use or early termination. Nahnu Media may, at its sole discretion, issue refunds under special circumstances, but this is not guaranteed.

3.9 Price Changes

We reserve the right to change prices at any time. Any updates will either be:

  • Posted on our Site and effective immediately, or
  • Communicated to you via email before your next billing cycle.

If you have purchased Services with a defined term, new rates will apply only at the time of renewal.

4. Ownership of Work Product

Unless otherwise stated in a separate agreement, you (the client) shall be the sole and exclusive owner of all rights, title, and interest in the final deliverables created specifically for you by Nahnu Media as part of the Services (the “Work Product”).

This includes, but is not limited to:

  • Custom website designs and layouts
  • Visual assets and branding materials
  • Written content and copy
  • Finalized code or custom-built features developed for your project

However, the following are excluded from client ownership:

a. Third-Party Tools & Licenses

Nahnu Media may use third-party tools, plugins, themes, fonts, or platforms (e.g., WordPress plugins, design frameworks, SaaS platforms) to build and deliver your project. While you are granted the right to use these tools as integrated into your Work Product, you do not own the licenses to those tools unless you purchase them directly.

If at any time the license lapses, is revoked, or otherwise becomes unavailable, continued use may require you to obtain your own license.

b. Pre-Existing and Proprietary Materials

Nahnu Media retains ownership of:

  • All pre-existing materials, code libraries, design frameworks, and proprietary tools
  • Any internal systems, templates, processes, or automations used to create or deliver your Work Product

You are granted a non-exclusive, non-transferable license to use these items solely as part of your delivered Services.

5. General Rules of Conduct

By using our Site and Services, you agree to the following terms of conduct:

5.1 Legal Compliance

You agree that your use of the Site and Services — including any content, domains, documents, data, media, or other materials you submit (“Input Material”) — will:

  • Comply with this Agreement and any applicable Service Agreements or policies;
  • Comply with all applicable laws, regulations, and industry standards.

5.2 Prohibited Activities

You agree that you will not engage in any of the following, as determined solely by Nahnu Media:

  • Illegal Activities – Using the Services to promote or carry out unlawful acts;
  • Exploitation or Abuse – Promoting or engaging in child exploitation, sex trafficking, or abuse of any kind;
  • Terrorism or Violence – Supporting or encouraging violence against individuals, animals, or property;
  • Spam or Hacking – Sending unsolicited emails, phishing, hacking, or launching cyberattacks;
  • Unauthorized Drug Sales – Distributing prescription medications without proper authorization;
  • Intellectual Property Infringement – Violating copyrights, trademarks, patents, or other proprietary rights;
  • Privacy Violations – Breaching another party’s privacy, publicity, or confidentiality rights;
  • Interference – Disrupting, disabling, or damaging our Site, servers, or Services;
  • Malicious Code – Uploading or transmitting viruses, malware, Trojan horses, or harmful code;
  • False or Deceptive Content – Making unsubstantiated or misleading claims about Nahnu Media or its services.

Nahnu Media reserves the right to immediately suspend or terminate your access to Services if you violate any part of this section.

6. Representations and Warranties

By using our Services, you represent and warrant the following:

6.1 Legal Capacity

  • You are at least 18 years of age (or the age of majority in your jurisdiction, if higher), and you have the full legal capacity to enter into this Agreement.
  • If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you have the legal authority to bind that entity to these terms.

Nahnu Media is not responsible for verifying this authority and will not be liable for any loss or damage resulting from acting on instructions or communications it reasonably believes to be from an authorized representative. If we have reasonable doubt about a request’s legitimacy, we may request additional verification, but we are not obligated to do so.

6.2 Ownership and Rights to Input Material

  • You confirm that you own, or have obtained all necessary rights, licenses, and permissions for any content, files, data, trademarks, domain names, logos, or other materials you provide to Nahnu Media (“Input Material”).
  • You represent and warrant that your Input Material:
    • Does not infringe any third-party intellectual property rights (including copyrights, trademarks, patents, trade secrets, or publicity/privacy rights);
    • Does not violate any applicable laws;
    • Is not defamatory, obscene, harassing, offensive, or otherwise unlawful.

You agree to indemnify and hold harmless Nahnu Media against any losses, damages, costs, or legal claims resulting from a violation of the above.

6.3 Our Right to Reject Input Material

Nahnu Media reserves the right to refuse any Input Material, in whole or in part, at our sole discretion, especially if we believe it:

  • Violates applicable laws;
  • Infringes third-party rights;
  • Is obscene, defamatory, harmful, or offensive.

Acceptance of any Input Material by Nahnu Media does not imply a legal opinion regarding its compliance with this Agreement or with applicable laws.

6.4 License to Use Input Material

You grant Nahnu Media and its team members a limited license to use, reproduce, modify, and store your Input Material solely for the purpose of delivering your Services. This includes the right to make necessary backup or archival copies.

We are not responsible for returning Input Material or storing long-term backups unless otherwise agreed in writing.

7. Nahnu Media’s Rights

7.1 Right to Reject or Remove Content

Nahnu Media reserves the right, at its sole discretion, to reject, lock, remove, or delete any Input Material if we believe it:

  • Violates this Agreement or any applicable law;
  • Is inappropriate, harmful, or offensive;
  • Could expose us to legal liability or third-party claims.

7.2 Right to Refuse Services

Nahnu Media reserves the right to refuse or discontinue Services at any time, for any reason, including but not limited to:

  • Non-compliance with this Agreement;
  • Inappropriate or abusive client behavior;
  • Legal, ethical, or reputational concerns.

7.3 Portfolio Rights

Unless otherwise agreed in writing, Nahnu Media may display your completed website, design, or deliverable as part of our portfolio or case studies, including on our website, social media, and promotional materials.

This helps us showcase the quality of work we deliver. We will not disclose sensitive business data or non-public details without your permission.

7.4 Website Access for SEO Services

If your Services include SEO (Search Engine Optimization), you acknowledge and agree that Nahnu Media requires:

  • Admin-level access to your website or CMS (e.g., WordPress);
  • Permission to make on-site changes for SEO optimization purposes.

By agreeing to this Agreement, you grant Nahnu Media the necessary access and authority to post updates, modify metadata, and make structural or content-related SEO adjustments on your behalf.

8. Confidentiality, Trademark, and Copyright

8.1 Confidential Information

During the course of our engagement, you may gain access to certain confidential, proprietary, or trade secret information belonging to Nahnu Media in connection with the performance of our Services (“Confidential Information”).

You agree to:

  • Maintain the confidentiality of all such information;
  • Not disclose it to any third party without Nahnu Media’s prior written consent;
  • Not use it for any purpose other than fulfilling your obligations under this Agreement.

Confidential Information includes, but is not limited to: processes, pricing, systems, tools, internal documentation, project materials, and technical or business data. All such information remains the sole property of Nahnu Media, and this Agreement does not grant you any rights to it beyond what is necessary for the Services.

This confidentiality obligation survives the termination of this Agreement.

8.2 Trademarks and Branding

“Nahnu Media” and all associated logos, brand elements, product names, and slogans are trademarks or service marks of Nahnu Fitness LLC. All rights are reserved.

Unless explicitly permitted in writing, you may not use, reproduce, or display any of Nahnu Media’s trademarks, service marks, or branding for any purpose, including promotional or commercial use.

Other trademarks or logos displayed on our Site or in our materials are the property of their respective owners. Use of third-party marks is subject to their own trademark rights and restrictions.

8.3 Copyright and Intellectual Property

All content, designs, layouts, source code, documentation, and media created by Nahnu Media are protected under U.S. and international copyright laws. Ownership of final deliverables will be governed by the Ownership of Work Product section of this Agreement.

Unless otherwise agreed, you may not:

  • Copy, distribute, or modify our proprietary content;
  • Claim authorship of Nahnu Media materials or work that you do not own;
  • Use our work outside the scope of your specific project or license.

9. Links to Third-Party Websites

The Site and Services may include links to third-party websites or services that are not owned or operated by Nahnu Media. These links are provided for convenience only.

Nahnu Media:

  • Does not control or endorse the content, policies, or practices of any third-party sites;
  • Is not responsible or liable for any content, terms of use, privacy policies, or actions taken on those external sites;
  • Does not guarantee the accuracy, safety, or legality of any third-party content or service.

By using our Site or Services, you expressly agree that Nahnu Media shall not be held liable for any damages, losses, or issues that may arise from your access to or use of any third-party website.

We encourage you to review the terms, conditions, and privacy policies of any external sites you visit.

10. No Warranties by Nahnu Media

All Services are provided on an “as is” and “as available” basis, without any warranties, express or implied. By using the Site or our Services, you agree that you do so at your own risk.

Nahnu Media makes no guarantees or warranties regarding:

  • The uninterrupted or error-free operation of the Services;
  • The accuracy, reliability, or effectiveness of any results you may achieve through the Services;
  • The quality, functionality, or performance of your website or any products or services delivered;
  • The volume of traffic, leads, revenue, or engagement your website or campaign may receive;
  • The absence of viruses, malware, or other harmful components in any files, code, or content accessed via the Services.

To the fullest extent permitted by law, Nahnu Media disclaims all warranties, including but not limited to:

  1. Implied warranties of merchantability,
  2. Fitness for a particular purpose, and
  3. Non-infringement of third-party rights.

You understand and agree that no oral or written information or advice provided by Nahnu Media, its employees, representatives, or affiliates — including customer service or technical support — shall constitute legal, financial, or business advice, nor shall it create any warranty not expressly stated in this Agreement.

This disclaimer shall survive the termination or expiration of this Agreement and shall remain in full force and effect.

11. Limitation of Liability

Your sole and exclusive remedy for dissatisfaction with the Site or Services is to stop using them and terminate this Agreement.

To the maximum extent permitted by law, Nahnu Media, including its owners, officers, employees, contractors, agents, and affiliates, shall not be liable for any:

  • Direct,
  • Indirect,
  • Incidental,
  • Special,
  • Punitive, or
  • Consequential damages

…arising out of or related to your use of the Services — including but not limited to lost profits, lost data, business interruption, or reputational harm.

This limitation applies regardless of the legal theory under which liability is asserted (contract, tort, negligence, strict liability, etc.), even if Nahnu Media has been advised of the possibility of such damages.

In jurisdictions where such exclusions are not fully enforceable, our liability shall be limited to the maximum extent allowed by law.

11.1 Third-Party Services

Nahnu Media does not endorse, guarantee, or warrant any third-party services, software, or products accessed via the Services. We are not responsible for your interactions with third parties, and you agree that any such dealings are solely between you and those third parties.

11.2 Total Liability Cap

In no event shall Nahnu Media’s total liability to you for any claim or cause of action arising from or related to this Agreement exceed the greater of:

  • The total fees you paid to Nahnu Media in the six (6) months prior to the event giving rise to the claim, or
  • $100 USD.

You expressly agree to this limitation of liability, and acknowledge that it is a fundamental part of the consideration exchanged under this Agreement.

This limitation shall survive the expiration or termination of this Agreement and remain in effect indefinitely.

12. Your Indemnification of Nahnu Media

You agree to defend, indemnify, and hold harmless Nahnu Media, its parent company (Nahnu Fitness LLC), and their respective officers, directors, employees, agents, contractors, and third-party service providers from and against any and all:

  • Claims,
  • Demands,
  • Liabilities,
  • Losses,
  • Damages,
  • Costs, and
  • Expenses (including reasonable attorneys’ fees)

…that arise out of or relate to:

  1. Your use of the Site or Services;
  2. Your breach of this Agreement or any related policies or terms;
  3. Your violation of any third-party rights, including (but not limited to) intellectual property rights, privacy rights, or publicity rights.

This obligation applies regardless of whether such claims arise from your actions, content you submit, or the actions of others using your access credentials.

Nahnu Media reserves the right to participate in the defense of any claim for which you are responsible, using legal counsel of our choosing, at your expense.

This indemnification clause shall survive the termination or expiration of this Agreement and your use of the Site or Services.

13. Discontinued Services

Nahnu Media reserves the right, at any time and for any reason (or no reason), to:

  1. Discontinue or suspend any of the Services we offer, and/or
  2. Modify or remove individual features, tools, or functionalities of the Services.

This may occur with or without prior notice.

You acknowledge and agree that Nahnu Media shall not be liable to you or to any third party for any:

  • Suspension, modification, or discontinuation of the Services, or
  • Removal of any specific features or components of the Services.

We may make such changes as part of regular service improvements, business decisions, platform updates, or changes in available third-party tools.

14. No Joint Venture or Partnership

Nothing in this Agreement shall be interpreted to create or imply a partnership, joint venture, agency relationship, or fiduciary relationship between you and Nahnu Media.

Each party is an independent entity, and:

  • Nahnu Media has no ownership interest or control over your business or operations;
  • You are not authorized to represent Nahnu Media or bind us to any third-party agreements or obligations;
  • This Agreement is strictly limited to the provision of Services as described herein.

Both parties agree that their relationship is that of independent contractors, and nothing in this Agreement creates any deeper legal affiliation.

15. No Guarantee of Success, Profitability, or Compliance

You acknowledge, understand, and expressly agree that Nahnu Media, its parent company (Nahnu Fitness LLC), and their agents, employees, or representatives have not made any promises, guarantees, or assurances—either express or implied—regarding:

  • The profitability, marketability, or success of your business, website, or project;
  • The recoupment of any expenses or fees paid to Nahnu Media;
  • The size, existence, or accessibility of a market for your product, service, or website;
  • The impact of our Services on your business results, search engine rankings, or customer acquisition.

You understand that business success depends on multiple independent factors, including but not limited to:

  • Your operations, marketing, and administrative execution;
  • External market conditions;
  • Competition, industry trends, and customer behavior.

Therefore, you agree that the outcomes of your use of the Services are solely your responsibility. You agree not to hold Nahnu Media liable for any financial loss, missed opportunity, or unrealized business result associated with the Services.

15.1 SEO Disclaimer

Search engines (e.g., Google) use proprietary algorithms and independent decision-making to determine website rankings. Nahnu Media cannot and does not guarantee any specific search engine rankings, positions, or traffic outcomes.

15.2 Accessibility Compliance

Unless explicitly agreed in writing, Nahnu Media makes no warranty or representation regarding compliance with:

  • Web Content Accessibility Guidelines (WCAG)
  • ADA (Americans with Disabilities Act), or
  • Any other accessibility-related laws or standards.

If accessibility compliance is a priority or legal requirement for your project, you must inform us in advance and may need to engage an accessibility specialist.

16. Services Provided on a Non-Exclusive Basis

All Services provided to you by Nahnu Media under this Agreement are offered on a non-exclusive basis.

Nothing in this Agreement shall:

  • Prevent Nahnu Media from providing similar or identical services to other clients, including those who may be competitors of yours;
  • Restrict Nahnu Media from working with or licensing creative materials, strategies, or technologies to third parties in your industry;
  • Limit Nahnu Media from engaging in its own business activities, projects, or ventures that may compete with your business.

By entering into this Agreement, you acknowledge and accept that no exclusivity is granted, implied, or created between you and Nahnu Media.

17. No Editorial Control by Nahnu Media

Nahnu Media does not exercise editorial control over the content you choose to include on your website or in your digital assets.

Specifically:

  • Nahnu Media does not monitor, review, or verify the accuracy, legality, or appropriateness of any content you publish;
  • You are solely responsible for the content on your website, including text, images, videos, and any materials obtained from third parties;
  • Nahnu Media is not liable for any inaccuracies, misinformation, or legal issues arising from your website content or third-party resources accessed through it.

We provide the technical tools and design services necessary to build or support your website, but you retain full responsibility for the content and its compliance with applicable laws, regulations, and standards.

18. Privacy

Nahnu Media respects your privacy and is committed to protecting your personal information. We do not monitor, edit, or disclose your personal data or account content without your prior consent, except when we determine, at our sole discretion, that such disclosure is necessary to:

  • Comply with applicable laws, legal processes, or law enforcement requests (including subpoenas, warrants, or national security demands);
  • Protect or enforce the rights, property, or safety of Nahnu Media, its affiliates, personnel, or clients;
  • Enforce the terms of this Agreement;
  • Respond to or assist with criminal, civil, or regulatory investigations;
  • Protect the interests or safety of other Nahnu Media customers.

18.1 Account Monitoring

Notwithstanding any other provision in this Agreement, Nahnu Media reserves the right (subject to applicable local laws) to monitor your account or usage of the Services if we suspect a violation of this Agreement or need to assist with an investigation. This may include monitoring for fraud, abuse, or illegal activity.

18.2 Privacy Policy

For full details on how we collect, use, store, and protect your personal information, please refer to the Nahnu Media Privacy Policy, which is incorporated by reference into this Agreement.

18.3 International Users

If you are accessing our Services from outside the United States:

  • You understand and agree that your personal data may be transferred to, processed in, and stored in the United States or other countries (including the EU or other jurisdictions where our service providers operate);
  • By accepting this Agreement, you explicitly consent to the international transfer and processing of your personal information;
  • You acknowledge and agree that Nahnu Media may disclose personal data as described above, and you waive any local rights to privacy or data protection to the extent permitted under applicable national and international law.

If you do not consent to the transfer or use of your data outside of your jurisdiction, do not accept this Agreement or use our Services.

19. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable for any reason under applicable law, that provision shall be deemed severed from the Agreement.

Such invalidity shall not affect the validity or enforceability of the remaining provisions, which will continue in full force and effect as if the unenforceable part had never been included.

This clause ensures the remainder of this Agreement remains legally binding and enforceable even if one section is not.

20. Non-Enforcement Does Not Constitute Waiver

Nahnu Media’s decision not to enforce any provision of this Agreement at any given time shall not be considered a waiver of that provision or of any other rights under this Agreement.

  • No waiver shall be valid unless it is in writing and signed by an authorized representative of Nahnu Media.
  • A single waiver shall not be interpreted as a continuing waiver of the same or other provisions.

You also acknowledge and agree that Nahnu Media may engage third-party service providers (“Service Providers”) to deliver or support portions of the Services. Where applicable, those Service Providers:

  • May exercise rights on behalf of Nahnu Media;
  • Are subject to relevant obligations under this Agreement.

21. Notices

Nahnu Media may provide notices to you via email sent to the address you provided at the time of registration or as updated in your account profile.

Such notices will be considered:

  • Delivered and effective as of the time they are sent, whether or not you actually receive or read the message;
  • Sufficient to meet the requirement for written notice under this Agreement.

It is your responsibility to ensure that your contact information remains current and accurate.

22. Force Majeure

Nahnu Media shall not be held liable for any failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control (“Force Majeure”).

Force Majeure events may include, but are not limited to:

  • Acts of God (e.g., floods, fires, earthquakes, storms);
  • War, civil unrest, insurrection, or acts of terrorism;
  • Labor disputes, strikes, or industrial actions;
  • Epidemics, pandemics, or public health emergencies;
  • Governmental actions, laws, or regulations;
  • Failures or unavailability of internet service, hosting infrastructure, servers, software, or hardware systems;
  • Delays or failures in obtaining permits, licenses, or other authorizations.

In the event of a Force Majeure, Nahnu Media may, at its sole discretion:

  • Suspend performance temporarily, or
  • Terminate this Agreement without liability to you.

Additionally, Nahnu Media reserves the right to modify or discontinue the Services (in whole or in part), either temporarily or permanently, with or without notice. You agree that Nahnu Media shall not be liable to you or any third party for any such modification, suspension, or discontinuance.

23. Assignment; Successors; Third-Party Beneficiaries

You may not assign, resell, sublicense, or otherwise transfer this Agreement or any of your rights or obligations under it, in whole or in part, without prior written consent from Nahnu Media.

Nahnu Media may assign or delegate any or all of its rights and obligations under this Agreement at its sole discretion and without your consent.

This Agreement will be binding upon and inure to the benefit of both parties and their respective heirs, successors, and permitted assigns.

Nothing in this Agreement is intended to, or shall be interpreted to, confer any rights or benefits on any third party.

24. Arbitration and Waiver of Jury Trial

24.1 Binding Arbitration

Any and all disputes arising out of or relating to this Agreement that cannot be resolved informally shall be resolved through binding arbitration in Spokane, Washington, in accordance with the rules of Judicial Arbitration and Mediation Services, Inc. (JAMS).

  • The arbitration will be conducted in English.
  • The decision of the arbitrator shall be final and binding.
  • Any award rendered may be entered as a judgment in any court of competent jurisdiction in the United States.

24.2 Venue and Jurisdiction

Any actions to confirm, enforce, or vacate an arbitration award must be brought exclusively in:

  • The Superior Court of Spokane County, Washington, or
  • The United States District Court for the Eastern District of Washington.

You consent to personal jurisdiction in these courts and waive any objection based on lack of jurisdiction or venue.

24.3 Exceptions to Arbitration

Nothing in this Agreement shall prevent Nahnu Media from:

  • Seeking injunctive relief, expedited discovery, or other equitable remedies in court to enforce or protect its rights under this Agreement;
  • Bringing legal action to enforce this Agreement if JAMS refuses or is unable to arbitrate a particular dispute.

Any such legal action may be brought in the courts listed in Section 24.2, and both parties waive any objections to exclusive jurisdiction in those courts.

24.4 Collections Exception

If you fail to pay amounts owed, Nahnu Media may assign your account to a collections agency. The agency may pursue claims in court solely for the purpose of collecting the past due debt, including any interest or costs allowed by law.

24.5 Waiver of Jury Trial and Class Actions

As part of the consideration for this Agreement, you irrevocably waive your right to a trial by jury for any dispute related to this Agreement. This waiver remains enforceable even if the arbitration provision is waived.

You and Nahnu Media further agree:

  • No class actions or representative actions are permitted;
  • Disputes may only be brought on an individual basis;
  • Claims of multiple parties may not be consolidated in a single proceeding.

24.6 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and where applicable, the federal laws of the United States, without regard to conflict of laws principles.

25. Entire Agreement

This Agreement constitutes the entire understanding between you and Nahnu Media with respect to the subject matter herein, and it supersedes all prior discussions, agreements, negotiations, and representations, whether written or oral.

Both parties acknowledge and agree that:

  • No officer, employee, agent, or representative of Nahnu Media or you is authorized to make any promises or representations outside of what is explicitly stated in this Agreement;
  • Neither party has entered into this Agreement in reliance on any representation, statement, or promise that is not expressly set forth herein.

Any modifications to this Agreement must be in writing and signed by both parties or acknowledged through an updated version published by Nahnu Media.

26. Modification

Nahnu Media reserves the right, at its sole discretion, to update or modify the terms of this Agreement at any time.

  • Any material changes will be communicated by posting the updated version on our website (the “Site”);
  • Such changes take effect immediately upon posting, unless otherwise specified;
  • Your continued use of the Services after such posting constitutes your acceptance of the revised terms.

If you do not agree to the updated terms, you may terminate the Agreement within thirty (30) days of the change being posted.

Nahnu Media also reserves the right to modify, change, suspend, or discontinue any aspect of the Services, including but not limited to pricing and features, at any time and without prior notice.

You may not alter or amend this Agreement in any way. Any attempted modification by you—whether through separate documents, purchase orders, or correspondence—will be null and void unless explicitly agreed to in writing and signed by an authorized representative of Nahnu Media.

27. Statute of Limitations

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose.

If not filed within that time, the claim or cause of action shall be permanently barred.

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