The following terms (“Terms of Use”) constitute an agreement between Noodle Nook LLC d/b/a Noodle Nook and d/b/a Nooked (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the websites administered by Company (“Website”), located at https://noodlenook.net/ and https://nooked.net.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
GENERAL DISCLAIMER
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
YOUR RESPONSIBILITY
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. Company assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on this Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share images of products and resources in action on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Company’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Company.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Company’s express written permission.
You may not use this Website for any unlawful, illegal, fraudulent or harmful purpose or activity.
CONTENT DISCLAIMERS
Company has made every effort to ensure that all educational information, including but not limited to any references to strategies, resources or educational methodology, provided on the Website has been tested for accuracy. There is no guarantee that you will see positive results using the techniques and materials provided on the Website. Company assumes no responsibility for your decisions or for policies or practices that you implement based on information on the Website.
Any statements related to potential outcomes to use with students within the Website are examples of what may be possible, but it is up to you to determine appropriateness of strategies, resources, or practices and to consult with a licensed professional when appropriate. It is also up to you to consult laws and policies specific to your state or school district for clear guidance and as appropriate. We make no guarantees regarding results, present or future. We are not responsible for your outcome or any other performance as a result of the actions you take based upon the information provided on the Website.
From time to time, the Website may discuss topics related to health or mental health. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided “as is” without any representations or warranties, express or implied. Although content on the Website may discuss therapeutic and/or mental health issues, the Website does not provide any type of therapy and/or mental health services. The Website does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.
From time to time, the Website may discuss topics of a sensitive nature. If you feel triggered by any content, please seek help from a medical professional or mental health professional.
The Website is provided for informational purposes only.
COPYRIGHT
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Company or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
TRADEMARKS
Noodle Nook LLC’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Company.
Our trademarks include:
- Ayodele Jones®
- NoodleNook.Net®
- Noodle Nook™
From time to time, the Website will legally utilize trademarks owned by third parties. These trademarks are the respective property of their owners.
GRANT OF RIGHTS
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
If you submit, comment or post any materials (such as photos, videos or written content) to this Website, you represent and warrant that: (1) you are at least 16 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Company a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Company a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Company does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this Website. Any material you post on this Website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this Website at your own risk. Any communication by you on this Website, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
PURCHASE POLICIES
On the Website, you may purchase courses and resources (the “Services”). For the full terms of use for the Services, please refer to those terms (“Services Terms”). The Services Terms are herein incorporated by reference as it relates solely to Services purchased. If there is a conflict between the Services Terms and these Terms of Use as it relates to use of the Website outside of the Services, these Terms of Use will apply.
REGISTRATION & RESTRICTED ACCESS
Access to certain areas of the Website may be restricted. Noodle Nook LLC reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to you as a registered user. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify Noodle Nook LLC immediately at help@noodlenook.net. Noodle Nook LLC will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to Noodle Nook LLC or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with Noodle Nook LLC, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in Noodle Nook LLC’s sole discretion.
Noodle Nook LLC may disable your username and password at its sole discretion, refuse to register a user for the Service, remove or edit any content contributed to the Website or cancel any User Account. Noodle Nook LLC may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.
Noodle Nook LLC reserves the right to modify methods for registration and access levels of registered users from time to time.
TAKEDOWN REQUESTS
From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended to be considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to help@noodlenook.net and we will remove the image within 1 to 2 business days.
COMMUNICATION
If you send Company an email, register to use the Website or provide your email to Company in any other way, you consent to receive communications from Company electronically. You agree that all legal notices provided via electronic means from Company satisfy any requirement for written notice.
THIRD PARTIES
The Website contains links to third-party websites that are not governed or controlled by Company. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless Company from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Company harmless from any and all liability in any dispute.
NO WARRANTIES
The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Company makes no representations or warranties in relation to the Website or the information and materials provided therein.
Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Houston, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
USE OF VIDEO AND AUDIO RECORDINGS
Please be advised that all office hours, Q&As, webinars, trainings, or other types of audio and visual services as part of the Website may be recorded and can be used in the future by Company for business and promotional materials. You are not required to attend any event that may be recorded. By attending such a recorded event, you consent to the use of any content you contribute, including your likeness and biographical information. We may also use such recordings for sale in any of our products or services unless you specifically request otherwise. If you would like to make such a request, please send an email to help@noodlenook.net.
COMMUNITY ACCESS
Some of our Services also contain access to a private Facebook group (the “Private Groups”). Company is not liable for nor does Company endorse the information shared amongst community members in the Private Groups. Access to the Private Groups may be revoked at any time by Company. The Private Groups are provided solely for your convenience and may be shut down at any time by Company, with or without notice. The closing of a Private Group is not grounds for a refund of any kind. The Private Groups are provided strictly as free bonuses to the course.
You are solely responsible for your interactions with other members of the Private Groups. You understand and agree that any contact, whether online or in-person, with any participant is done solely at your own risk. Company disclaims any and all liability for any interactions between participants and you expressly hold Noodle Nook LLC harmless for any such interaction.
DISCLOSURE POLICY
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with Company to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received for in exchange for this sponsored content placement, Company gives its honest opinion, findings, believes, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
MISCELLANEOUS PROVISIONS
Company controls and operates this website from offices in the United States. Company does not represent that materials on this Website are appropriate or available for use in other locations. People who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Company may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Company’s prior written consent, however, the Terms of Use may be assigned by Company in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Company
All notices with respect to the Terms of Use must be in writing and may be via email to help@noodlenook.net for Company and to your email address.
©Noodle Nook | Website by Ayodele Jones ^ Terms of Use & Disclosure Policy