- 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 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.
- 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.
User Generated Content We welcome any comments you may have regarding our products, the Site and services. Except for content submitted by you through User Generated Content, which is discussed in more detail below, any comments you submit to us through the Site, such as remarks, reviews, photos, graphics, or other information becomes and remains our exclusive property, even if this agreement is later terminated. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us.
Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright. Noodle & Boo takes no responsibility and assumes no liability for any submissions you make. We may from time to time request your permission to use photos or other information posted on social media channels ("User Generated Content", or "UGC" for short). The UGC is governed by these terms and conditions and also by this section. Please read this section carefully as some of its language is necessarily dense and legalistic. UGC is accessible by the public. IT IS IMPORTANT TO REMEMBER THAT UGC AND OTHER MATERIALS SUBMITTED BY YOU MAY BE RECORDED AND STORED IN MULTIPLE PLACES, BOTH ON OUR SITE AND ELSEWHERE ON THE INTERNET AND ARE LIKELY TO BE ACCESSIBLE FOR A LONG TIME. You have no control over who will eventually see such materials. Be careful and selective about the personal information that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential information.
- Our Right to Use the Content Although you retain ownership of the UGC, by submitting, posting or displaying UGC you are automatically granting, and hereby do grant to Noodle & Boo, LLC, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable license to use (including copy, display, perform, publish, modify, adapt and translate) such UGC in all forms and media (the "License"). This means that our right to possess, use and display the Content anywhere and through any means will never expire, that we will never owe you any money for it and that we may allow others to use or possess the Content. We will do our best to make sure any company or person that we might give the UGC to follows the same rules and procedures we do.
- Web Accessibility Noodle & Boo is committed to facilitating the accessibility and usability of its Site to ensure that persons with disabilities have full and equal enjoyment of the goods and services through the Site. If you notice any content, feature or functionality of the Site that you believe is not accessible to people with disabilities, please email us at email@example.com or call 888.400.5454. We cannot promise that we will make the changes you suggest, but we can assure you that we take your input seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
Collection of Personally Identifiable Information by noodleandboo.com
We collect personal information from you to provide an efficient, meaningful and customized experience for you on the Site. We collect some or all of the following information from or about you:
- Contact information such as name, email address, mailing/shipping address and phone number
- If you use our mobile application, we may collect your phone number and the unique device id number.
- If you tell us where you are (e.g., by allowing your mobile device to send us your location or using the “Retail Locator” function on our website), we may store and use that information to provide you with location-based information
- Billing information such as credit card number and billing address
- Unique Identifiers such as user name, account number and password
- Preferences information such as product order history and marketing preferences
- User’s date of birth and gender
- Information you voluntarily provide to us in connection with your voluntary participation in a research study such as your buying habits, preferences and opinions on products and services we may offer
We may log this information for system administration and improvement, order verification, marketing and system troubleshooting purposes.
We use this information to:
- Fulfill your order
- Send you an order confirmation
- Assess the needs of your business to determine suitable products
- Send you requested product or service information
- Send product updates or warranty information
- Respond to customer service requests and applications for employment
- Administer your account
- Send you a newsletter
- Send you marketing and promotional communications
- Respond to your questions and concerns
- Improve our website and marketing efforts
- Conduct research and analysis
- Display content based upon your interests
We and our third party service providers in the U.S. and Canada may also disclose your personal information:
- As required or permitted by law such as to comply with a subpoena, in response to a search warrant or other legally valid inquiry, order or similar legal process
- To investigate both in the case of a breach of an agreement or contravention of law
- When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, establish, exercise or defend a legal claim, investigate fraud or respond to a government request
- To any other third party with your prior consent to do so
Additionally, we may share email addresses (in a hashed or de-identified form) that have been provided to us by our registered users, with third parties such as network advertisers and ad exchanges (including SNSs), to serve targeted advertisements to you about our goods and services.
California Residents If you are a resident of California, you may be entitled to certain rights under the California Consumer Privacy Act of 2018 (“CCPA”). Under the CCPA and its attendant proposed regulations, California residents have (a) the right to request access to the personal information collected in the previous 12 months; (b) the right to request deletion of personal information; and (c) the right to opt out of the “sale”, as defined under the CCPA, of personal information. These rights are subject to certain exemptions and exceptions as well as certain steps we must take to verify your identity. To request access to or deletion of your personal information, please submit your request here. When exercising your right to deletion please note that cancellation and deletion of your account will result in us and you being unable to access your account. If you have difficulty accessing the webforms hyperlinked above, in order to exercise your CCPA rights, you may also call us at 1.888.400.5454 or email us at firstname.lastname@example.org with a subject line of “MY CCPA Rights.” For your protection, prior to actioning on any of your CCPA requests we will need to verify your identity.
To request a notice, please submit your request to:
Noodle & Boo, LLC
100 Cooper Court
Los Gatos, California 95032
Attn: Noodle & Boo Privacy
- 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 YouIf 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.
- 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.
- 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.
- Updating Your Information You have the ability to review, change and/or correct the personally identifiable information you provide us by writing to us online. If you are a registered user, you can also review, change or correct your personal information at any time by login to your account. You may request that we deactivate your account by contacting our Customer Service.
- Choice/Opt-Out You may opt-out of receiving future Opt-In Communications from noodleandboo.com when you login to your account or you may change your preferences at any time by providing your contact information to Customer Service.
- 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 our Customer Service.