Terms of Service

TERMS OF SERVICE

Welcome to NOODOODOODLE! The NOODOODOODLE Website and services are provided by NOODOODOODLE, LLC. (“NOODOODOODLE”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the noodoodoodle.com website (the “Website”) and all services provided by NOODOODOODLE via the Website including without limitation our monthly subscription service for stationery and related items (collectively, the “Services”).

The Services include the delivery of stationery and related items (the “Products”). Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the NOODOODOODLE Privacy Policy available on the Website.

ACCEPTANCE OF TERMS

By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.

WEBSITE CONTENT

NOODOODOODLE maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of equipment or for other reasons.

Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.

BILLING AND PAYMENTS

All information that you provide to NOODOODOODLE, including your credit card information, is subject to NOODOODOODLE's Privacy Policy. The price of the Services is payable in full before delivery.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant NOODOODOODLE the right to store and process your information with the third party payment service, which it may change from time to time; you agree that NOODOODOODLE will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current version is available at https://stripe.com/us/terms#tos. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

SHIPPING AND RISK OF LOSS

Shipment times are dependent on what you are purchasing and where the item is being sent. We ship in the following ways:

Shipment + Order Cutoff Times

We pack + ship your order within 2-3 business days (excluding weekends + holidays).

We currently do not offer same-day or overnight shipment

Once we hand off the package to the carrier (USPS) any delays caused by the carrier are out of our control. NOODOODOODLE is not responsible for covering or crediting any shipping costs when an order is delayed by a carrier.

Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be fulfilled by the recipient; NOODOODOODLE has no control over these charges, nor can NOODOODOODLE predict what they may be. Customs policies vary widely; you should contact your local customs office for more information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates.

For loss/damage claims, you must notify NOODOODOODLE if you believe all or part of your order is missing or damaged. For Online Store Orders, we must be contacted within 30 days of the order. Please see the returns and exchanges policy for more details.

Replacement of Products or refunds for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification and can take up to 2 weeks. After the investigation, we will adjust your account or issue a refund at our discretion. Repeated claims of undelivered merchandise may result in being blocked from purchasing on our website.

RETURNS, REFUNDS, AND EXCHANGES

Due to the nature of the items that we sell (paper goods), we do not offer returns, refunds, or exchanges. If you are in any way unhappy with your purchase, please contact us here: orders [!at] noodoodoodle.com.

LOCAL TAXES

You may be charged local sales tax or VAT, if applicable.

INTERNATIONAL ACCESS

This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.

ORDER CANCELLATIONS

NOODOODOODLE may cancel orders for any reason, (ie: the item is out of stock, pricing errors, credit card payment is declined by the issuing financial institution).

You may cancel your order any time before the order is processed. Once the order is shipped, you will receive a shipping confirmation via email that contains tracking information. Once a product is shipped, the Return and Exchange Policy will apply.

LIMITATION OF LIABILITY

IN NO EVENT SHALL NOODOODOODLE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE NOODOODOODLE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO NOODOODOODLE IN THE THEN-PRIOR CALENDAR MONTH.

INDEMNIFICATION

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend NOODOODOODLE from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

MINORS

NOODOODOODLE Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise noted, all Content contained on this Website is the property of NOODOODOODLE and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

The NOODOODOODLE name and logo are trademarks and service marks of NOODOODOODLE, LLC. (collectively the “NOODOODOODLE Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to NOODOODOODLE. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any NOODOODOODLE Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of NOODOODOODLE Trademarks will inure to our exclusive benefit.

COPYRIGHT INFRINGEMENT; NOTICE AND TAKE DOWN PROCEDURES

If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to this Website is: Babu Law Firm, 1037 Mill Street, San Luis Obispo, CA, 93401.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

DISCLAIMER OF WARRANTY

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE BY THE INTENDED RECIPIENT.

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT.

ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, NOODOODOODLE DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LINKS TO THIRD-PARTY WEBSITES

This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from NOODOODOODLE, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by NOODOODOODLE of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. NOODOODOODLE does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

JURISDICTIONAL ISSUES

We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

ENFORCEMENT

It is specifically stipulated that this Agreement will be interpreted and construed according to the laws of the State of Minnesota. Venue for any dispute arising under this Agreement shall be in the courts in and for Ramsey County, Minnesota.

Arbitration shall be the exclusive dispute resolution process. Any party may commence arbitration by sending a written demand for arbitration to the other parties. Such demand shall set forth the nature of the matter to be resolved by arbitration. The place of arbitration shall be in the Ramsey County, Minnesota. The substantive law of the State of Minnesota shall be applied by the arbitrator to the resolution of the dispute. The parties shall share equally all initial costs of arbitration. The prevailing party shall be entitled to reimbursement of attorneys' fees, costs, and expenses incurred in connection with the arbitration. All decisions of the arbitrator shall be final, binding, and conclusive on all parties. Judgment may be entered upon any such decision in accordance with applicable law in any court having jurisdiction thereof. The arbitrator (if permitted under applicable law) or such court may issue a writ of execution to enforce the arbitrator's decision. Under no circumstances shall the arbitrator be authorized to award punitive damage awards, including, but not limited to, federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable.

SEVERABILITY

If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

CHILDREN'S PRIVACY AND PARENTAL CONTROLS

This Website is not intended for persons under the age of 13, and we have no intention of collecting or soliciting personal information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the Website.

ENTIRE AGREEMENT

These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

FOR ADDITIONAL INFORMATION

If you have any questions about these Terms and Conditions, please contact info@noodoodoodle.com.