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Welcome to the Noodle & Boo website (the "Site").
Noodle & Boo provides the content and services available on
the Site to you subject to the following terms and conditions ("Terms
and Conditions"). By accessing or using the Site, you are acknowledging
that you have read, understand, and agree, without limitation or
qualification, to be bound by these Terms and Conditions, which
include our Privacy Policy. These Terms and Conditions were last
updated on 05/05/2004.
- Privacy
Please review our Privacy
Policy, which also governs your
visit to the Site, so that you may understand
our privacy practices.
- Purchase Related Policies
The products and services available on the Site, and any
samples thereof we may provide to you, are for personal
use only. You may not sell or resell any of the products
or services, or samples thereof; you purchase or otherwise
receive from us. We reserve the right, with or without notice,
to cancel or reduce the quantity of any orders that we believe,
in our sole discretion, may result in the violation of our
Terms and Conditions.
For additional policies related to orders placed
through this Site (such as order processing,
shipping and handling, returns and exchanges),
click here.
- Accuracy of Information
We attempt to be as accurate as possible when describing
our products on the Site; however, to the extent permitted
by applicable law, we do not warrant that the product descriptions,
colors or other content available on the Site are accurate,
complete, reliable, current, or error-free.
Additional, information provided on this site is for educational
and informational purposes only. Even if the information
published here is meant to be accurate, it is not intended
to substitute professional medical advice. Please consult
your physician or local medical facility for information
specific to your individual needs.
Noodle & Boo or any contributors do not take responsibility
for any consequence relating directly or indirectly to any
information, recommendations, treatment, procedure, action
or application of medicine by any person using the present
site.
The information contained here is offered without any warranty
and it is not liable for its accuracy, mistakes, or for
any damage caused by user's reliance on information obtained
from the site.
- Intellectual Property
All content available on the Site, including but not limited
to text, graphics, logos, button icons, images, audio clips,
data compilations and software, and the compilation thereof
(collectively, the "Content") is the property
of Noodle & Boo, our affiliates, partners or licensors,
and is protected by United States and international copyright
laws.
The trademarks, logos, and service marks displayed on the
Site (collectively, the "Trademarks") are the
registered and unregistered marks of Noodle & Boo, our
affiliates, partners or licensors, in the United States
and other countries, and are protected by United States
and international trademark laws.
Except as set forth in the limited licenses in Section 5
below, or as required under applicable law, neither the
Content or Trademarks nor any portion of the Site may be
used, reproduced, duplicated, copied, sold, resold, accessed,
modified, or otherwise exploited, in whole or in part, for
any purpose without our prior written consent.
- Limited Licenses
We grant you a limited, revocable, and non-exclusive license
to access and make personal use of the Site. This limited
license does not include the right to: (i) frame or utilize
framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or Content (except caching
or as necessary to view the Site); (iii) make any use of
the Site or Content other than personal use; (iv) create
any derivative work based upon either the Site or Content;
(v) collect account information for the benefit of yourself
or another party; (vi) use any meta tags or any other "hidden
text" utilizing our name or the Trademarks or to otherwise
use the Trademarks; or (vi) use software robots, spiders,
crawlers, or similar data gathering and extraction tools,
or take any other action that may impose an unreasonable
burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive
license to create a hyperlink to the home page of the Site
for personal, non-commercial use only. A website that links
to the Site (i) may link to, but not replicate, our Content;
(ii) may not imply that we are endorsing such website or
its services or products; (iii) may not misrepresent its
relationship with us; (iv) may not contain content that
could be construed as distasteful, obscene, offensive or
controversial, and may contain only content that is lawful
and appropriate for all ages; (v) may not portray us or
our products or services, in a false, misleading, derogatory,
or otherwise offensive or objectionable manner, or associate
us with undesirable products, services, or opinions; (vi)
may not use any Trademark; and (vii) may not link to any
page of the Site other than the home page. We may, in our
sole discretion, request that you remove any link to the
Site, and upon receipt of such request, you shall
immediately remove such link.
Any unauthorized use by you of the Site terminates the limited
licenses set forth in this Section 5 without prejudice to
any other remedy provided by applicable law or these Terms
and Conditions.
- Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with
these Terms and Conditions and the special warnings or instructions
for access or use posted on the Site. You shall act always
in accordance with the law, custom and in good faith. You
may not make any change or alteration to the Site or any
Content or services that may appear on this Site and may
not impair in any way the integrity or operation of the
Site. Without limiting the generality of any other provision
of these Terms and Conditions, if you default negligently
or willfully in any of the obligations set forth in these
Terms and Conditions (including our Privacy Policy), you
shall be liable for all the losses and damages that this
may cause to Noodle & Boo, our affiliates, partners
or licensors.
- Your Account
You may choose to register at our Site. If you do, you will
have an email address/username and password for your account.
You are responsible for maintaining the confidentiality
of your account, username and password and for restricting
access to your computer. You agree to accept responsibility
for all activities that occur under your account, username
and/or password. You agree to provide only accurate, truthful
information.
We reserve the right to refuse service and/or terminate
accounts without prior notice if you violate these Terms
and Conditions or if we decide, in our sole discretion,
that it would be in Noodle & Boo's best interests to
do so.
- Third Party Links
We are not responsible for the content of any off-website
pages or any other websites linked to or from the Site.
Links appearing on the Site are for convenience only and
are not an endorsement by us, our affiliates or our partners
of the referenced content, product, service, or supplier.
Your linking to or from any off-website pages or other websites
is at your own risk. We are in no way responsible for examining
or evaluating, and we do not warrant the offerings of, off-website
pages or any other websites linked to or from the Site,
nor do we assume any responsibility or liability for the
actions, content, products, or services of such pages and
websites, including, without limitation, their privacy policies
and terms and conditions. You should carefully review the
terms and conditions and privacy policies of all off-website
pages and other websites that you visit.
- Submissions
It is our policy to decline unsolicited suggestions
and ideas. Notwithstanding our policy with regard
to unsolicited suggestions and ideas, any inquiries,
feedback, suggestions, ideas or other information
you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential.
Subject to the terms of our Privacy
Policy by transmitting or posting
any Submission, you hereby grant us a nonexclusive,
royalty-free, perpetual, transferable, irrevocable,
and fully sublicensable right to use, reproduce,
modify, adapt, publish, sell, assign, translate,
create derivative works from, distribute and
display any Submission in any form, media, or
technology, whether now known or hereafter developed,
alone or as part of other works. You also acknowledge
that your Submission may not be returned and
we may use your Submission, and any ideas, concepts
or know how contained therein, for any purpose
including, without limitation, developing, manufacturing,
distributing and marketing products.
If you make a Submission, you represent and warrant that
you own or otherwise control the rights to your Submission.
You further represent and warrant that such Submission does
not constitute or contain software viruses, commercial solicitation,
chain letters, mass mailings, or any form of "spam."
You may not use a false email address, impersonate any person
or entity, or otherwise mislead us as to the origin of any
Submission. You agree to indemnify us for all claims arising
from or in connection with any claims to any rights in any
Submission.
- Representations and Warranties; Limitation of
Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT
TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE
OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE),
UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION
OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(D) LOSS OR DAMAGES OF ANY SORT INCURRED AS
A RESULT OF DEALINGS WITH OR THE PRESENCE OF
OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH
MAY OCCUR IN CONNECTION WITH YOUR USE OF THE
SITE, INCLUDING DURING HYPERLINK TO OR FROM
THIRD PARTY WEBSITES (F) ANY INACCURACIES OR
OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR
REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY
LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND (INCLUDING LOST PROFITS) RELATED
TO THE SITE REGARDLESS OF THE FORM OF ACTION
WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS
($100.00).
- Indemnification
You agree to defend, indemnify and hold us harmless for
any loss, damages or costs, including reasonable attorneys'
fees, resulting from any third party claim, action, or demand
resulting from your use of the Site. You also agree to indemnify
us for any loss, damages, or costs, including reasonable
attorneys' fees, resulting from your use of software robots,
spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable
burden or load on our infrastructure.
- Disputes
With respect to any dispute regarding the Site, all rights
and obligations and all actions contemplated by these Terms
and Conditions shall be governed by the laws of California,
as if the Terms and Conditions were a contract wholly entered
into and wholly performed within California. Any dispute
relating in any way to your visit to the Site shall be submitted
to confidential arbitration in California, except that,
to the extent you have in any manner violated or threatened
to violate our intellectual property rights or the intellectual
property rights of our affiliates, partners or licensors,
we may seek injunctive or other appropriate relief in any
court and you consent to exclusive jurisdiction and venue
in any such court. Arbitration under this agreement shall
be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted
by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject
to this Agreement, whether through class arbitration proceedings
or otherwise.
- General
You acknowledge and agree that these Terms and
Conditions, which include our Privacy
Policy, constitute the complete
and exclusive agreement between us concerning
your use of the Site, and supersede and govern
all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change
these Terms and Conditions at any time by posting the changes
on the Site. Any changes are effective immediately upon
posting to the Site. Your continued use of the Site constitutes
your agreement to all such terms and conditions. We may,
with or without prior notice, terminate any of the rights
granted by these Terms and Conditions. You shall comply
immediately with any termination or other notice, including,
as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other
form of joint enterprise between us. Our failure to require
your performance of any provision hereof shall not affect
our full right to require such performance at any time thereafter,
nor shall our waiver of a breach of any provision hereof
be taken or held to be a waiver of the provision itself.
In the event that any provision of these Terms and Conditions
shall be unenforceable or invalid under any applicable law
or be so held by any applicable arbitral award or court
decision, such unenforceability or invalidity shall not
render these Terms and Conditions unenforceable or invalid
as a whole. We will amend or replace such provision with
one that is valid and enforceable and which achieves, to
the extent possible, our original objectives and intent
as reflected in the original provision.
If you have any questions regarding these Terms
and Conditions, please email
us.
When you provide us with information through noodleandboo.com,
we respect your privacy. It is important for you to understand
what information we collect about you during your visit and
what we do with that information. Your visit to the Site is
subject to this Privacy Policy and our Terms and Conditions.
Please note that this Privacy Policy governs only information
provided to noodleandboo.com and communications from noodleandboo.com.
It does not govern any other information or communications
that may reference Noodle & Boo, e.g., communications
from retailers or brick and mortar stores. This Privacy Policy
was last updated 05/05/04.
- Collection of Personally Identifiable
Information by noodleandboo.com
We do not collect personally identifiable information
about you, except when you provide it to us.
For example, if you decide to complete a user
registration form or online survey, you may
be asked to provide certain information such
as your contact information (name, e-mail address,
mailing address, and telephone number), age
group, gender and product and/or child concerns,
and the Noodle & Boo products you use. If
you decide to place an order, we will also need
to know your delivery and billing address, credit
card number and expiration date. To protect
your personal information, users registering
at the Site must also enter an e-mail address
and password. If you would prefer that we not
collect any personally identifiable information
from you, please do not provide us with any
such information.
When you submit your personally identifiable
information on the Site, you are giving your
consent to the collection, use and disclosure
of your personal information as set forth in
this Privacy Policy.
- Use of Personally Identifiable Information
by noodleandboo.com
a. Opt-In Communications
If you opt-in during the Site registration process
or at other times when you submit personally
identifiable information, the information you
provide may be used by noodleandboo.com to create
and deliver to you our newsletters, surveys
or other communications containing product information,
baby tips or promotion. If you prefer not to
receive such Opt-In Communications, please do
not opt-in to receive these communications.
If you do opt-in and later decide that you would
no longer like to receive these communications,
see Section 13 (Choice/Opt-Out) below.
b. Communications to Serve You
If you have elected to provide us with your
contact information, e.g., by registering at
the Site, e-mailing our Customer Service department
or placing an order, we may provide you with
service related announcements concerning the
Site or contact you regarding your customer
service requests or your order. For example,
all registered users will receive a welcoming
e-mail to confirm their registration. These
types of communications are necessary to serve
you; respond to your concerns and to provide
the high level of customer service that noodleandboo.com
offers its customers.
- No Disclosure of Personally Identifiable
Information for Third Party Marketing Without
Your Consent
We will never provide your personally identifiable
information to third parties for their use in
marketing their products or services to you
without your consent.
- Disclosure of Personally Identifiable
Information
a. Fraud Protection and Compliance with Law
We may disclose any information, including personally
identifiable information, we deem necessary,
in our sole discretion, to comply with any applicable
law, regulation, legal process or governmental
request. We may also exchange information, including
personally identifiable information, with other
companies and organizations for credit fraud
protection and risk reduction.
b. Service Providers
We may retain other companies and individuals
to perform functions consistent with our Privacy
Policy on our behalf. Examples include customer
support specialists, webhosting companies, fulfillment
companies (e.g., companies that fill product
orders or coordinate mailings), data analysis
firms and e-mail service providers. Such third
parties may be provided with access to personally
identifiable information needed to perform their
functions, but may not use such information
for any other purpose.
c. Special Events
If you elect to participate in any promotions,
sweepstakes, surveys, questionnaires or other
events during your visit to our Site, the rules
or terms and conditions for those events may
indicate that your personally identifiable information
will be shared with third parties. By choosing
to participate and submitting your personally
identifiable information with respect to such
events, you consent to disclosure of your personally
identifiable information to such third parties.
d. Business Transfers
As we continue to develop our business, we might
sell certain of our assets. In such transactions,
user information, including personally identifiable
information, generally is one of the transferred
business assets, and by submitting your personal
information on the Site you agree that your
data may be transferred to such parties in these
circumstances.
- Cookies and IP Addresses
We may place a "cookie" on your computer's
hard drive so we can recognize you as a return
user and personalize your experience. A cookie
is a piece of data that enables us to track
and target your preferences. The cookie will
be stored on your computer's hard drive until
you remove it. We may also use temporary or
"session" cookies to help you shop.
These cookies will expire when you place an
order. You can have your browser notify you
of, or automatically reject, cookies. If you
reject our cookies, you may still use the Site,
but you may be limited in the use of some of
the features. Some of our business partners
may also use cookies on the Site. However, we
have no access to, or control over, these cookies
and do not accept any responsibility for such
use. In addition, we may use IP addresses to
analyze trends, administer the Site, track traffic
patterns, and gather demographic information
for aggregate use, as well as in combination
with your personally identifiable information
for credit fraud protection and risk reduction.
- Pixel Tags and Tracking Technology
When you visit this Site or view one of our
e-mails, we may use pixel tags (also called
"clear" gifs), tracking links and/or
similar technology to note some of the pages
you visit on our Site and personalize your experience.
We may also use pixel tags to determine what
types of e-mail your browser supports. We may
use the information collected through pixel
tags, tracking links and similar technology
in combination with your personally identifiable
information.
- Use of Aggregate Information
We may use the information you provide in aggregate
(non-personally identifiable) form for internal
business purposes, such as generating statistics
and developing marketing plans. We may collect,
store or accumulate certain non-personally identifiable
information concerning your use of the Site,
such as information regarding which of our pages
are most popular. We may share or transfer non-personally
identifiable information with or to our affiliates,
licensees and partners.
- Children under 13
We take special steps to safeguard the privacy
of children. If you are under 13 years of age,
you may browse our Site. However, you may not
provide personal information to us. For example,
you cannot register or make a purchase. This
Site is not designed for children and we do
not knowingly collect personally identifiable
information from any children under 13.
- Links
The Site may contain links to or from other
websites. Please be aware that we are not responsible
for the privacy practices of other websites.
This Privacy Policy applies only to the information
we collect on the Site. We encourage you to
read the privacy policies of other websites
you link to from the Site or otherwise visit.
- Security
We implement various security measures in accordance
with industry standards to protect the security
of your personal information both online and
offline. If you have any questions about security
at the Site, you can e-mail us.
- Notification of Changes
We may revise this Privacy Policy from time
to time. If we decide to change our Privacy
Policy, we will post the revised policy here.
As we may make changes at any time without notifying
you, we suggest that you periodically consult
this Privacy Policy. Please note that our rights
to use your personally identifiable information
will be based on the privacy policy in effect
at the time the information is used.
- Updating Your Information
You have the ability to review, change and/or
correct the personally identifiable information
you provide us by e-mailing us at webmaster@noodleandboo.com.
If you are a registered user, you can also review,
change or correct your personal information
at any time by clicking here. You may request
that we deactivate your account by e-mailing
us at webmaster@noodleandboo.com.
- Choice/Opt-Out
You may opt-out of receiving future Opt-In Communications
from noodleandboo.com when you register at the
Site or you may change your preferences at any
time by providing your contact information to
webmaster@noodleandboo.com.
- Comments
We have taken great measures to ensure that
your visit to the Site is an excellent one and
that your privacy is constantly respected. If
you have any questions, comments or concerns
about the Noodle & Boo's privacy practices,
please contact us by e-mail by at webmaster@noodleandboo.com.
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