Changes to These Terms:
We may change or revise these Terms from time to time by updating this posting, so please visit this area each time you visit the Noosa website to keep up to date with the current Terms. Your use of the Noosa website reaffirms your continuing agreement to the then-current Terms.
Copyrights and Use of Site Materials:
This website belongs to and constitutes valuable intellectual property of Noosa which is protected by applicable law. Noosa or other third parties who have licensed Noosa’s use own the copyright to the contents of this website. You may download only material displayed and identified on the Noosa website as specifically available for downloading. Such material is for your noncommercial, personal use only, provided you also retain all copyright and other proprietary rights notices contained on those materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the website for public or commercial purposes, including any text, images, audio and video available on the website without Noosa’s written permission. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Noosa, is strictly prohibited.
Submissions to the Website:
Any non-personal information, communications or material you submit to Noosa at this website, by e-mail, completing on-line forms, upload or otherwise (“Submissions”), are non-confidential, and Noosa is free to use and reproduce such Submission freely and for any purpose. Specifically, Noosa is free to use any ideas or concepts contained in any such Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, advertising and marketing Noosa products. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge Noosa’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Noosa has no obligation to keep your Submissions confidential.
You further acknowledge and warrant that your Submissions contain only your own material and content or material and content that you have the undeniable rights to use, and that Noosa’s use will not violate any third party’s rights.
Our website may include access to bulletin boards or other means for you to participate in discussions or post information or materials that other users may see and access. Noosa may from time to time monitor or review these discussions, chats, postings, and other transmissions on the website. However, we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Noosa will fully cooperate with any law enforcement authorities or court order requesting or directing Noosa to disclose the identity of anyone posting any such information or materials. We may remove any postings that you submit through the website at any time, and for any reason without prior notice.
For your convenience and enjoyment, our website may provide links to other websites that are not operated by Noosa. The linked websites may not be under Noosa’s control, and we assume no responsibility to review all the websites linked to this website. Noosa is not responsible for the content of any linked websites, nor (unless we expressly indicate otherwise on this website) do we endorse, approve or sponsor any information available at the linked website or any products that may be sold there. Noosa is not liable for any damage that might result from your use of such information or products.
In general, Noosa does not object to links to this website from third-party websites. However, you must abide by the following rules. Unless we have a written agreement with you, you may not use any of Noosa’s trademarks, logos or slogans in or with your links. Do not present the link to this website in any way that suggests Noosa has any relationship or affiliation with your website or endorses, sponsors or recommends the information, products or services on your website, unless you have a specific written agreement with Noosa to do so. Do not, without our written permission: (a) incorporate any content from this website into your website (e.g., by in-lining or framing); (b) use any of Noosa’s names, trademarks, slogans, or any other words or codes identifying the Noosa website in any “metatag”. Noosa will not tolerate links from any website that may adversely affect the name, reputation and goodwill of Noosa and our products. Noosa reserves the right to cancel permission to link at any time, for any reason.
Liability Limitations and Disclaimers:
Your use of and browsing on this website are at your own risk. The materials available or accessible through the Noosa website, including any graphics, software, recommendations or other materials (“Website Materials”) and are provided “as is” and, to the fullest extent permissible under applicable law, Noosa disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the use or operation of our website or the Website Materials. Noosa does not warrant or make any representations regarding the use or the results of the use of the Website Materials in terms of their correctness, accuracy, reliability, or otherwise. The Website Materials could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Noosa undertakes no obligation to verify or maintain the currency of such information. Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
Noosa assumes no liability and will not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account your use of this website or any website that is linked to the Noosa site. You (and not Noosa) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting or using this website.
Applicable Laws and Jurisdiction:
These Terms and any disputes arising under or related to these Terms will be governed by the laws of the state of Colorado, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms (whether for breach of contract, tortious conduct or otherwise) must be brought exclusively in the state or federal courts located in Denver, Colorado, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms.
If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms without affecting the validity and enforceability of any remaining provisions. Noosa’s failure to enforce any provision of these Terms does not waive our right to enforce the same provision in the future or any other right we have under these Terms, whether for any past or future actions of any person. Only a specific, written waiver signed by an authorized representative of Noosa will have any legal effect whatsoever. The paragraph titles in these Terms are for convenience only and have no legal or contractual effect.