Terms & Conditions
The Terms and Conditions of use (the “terms”) set forth the terms on Noble One, LTD (“Noble One” or “We”) provides you access to this web site (“Site”). You should read the terms carefully before using the site. By using the site, you acknowledge that you have read and that you agree to abide by the terms, including the privacy policy incorporated herein by reference. If at any time you no longer agree to be bound by these terms, you should immediately cease use of this site.
DISCLAIMER
You expressly acknowledge that your use of this site is at your sole risk. Noble One is providing this site and its contents on an “as is, as available” basis and makes no representations of warranties of any kind with respect to this site or its contents. To the maximum extent permitted by law, Noble One disclaims all such representations and warranties, including but not limited to warranties of merchantability and fitness for a particular purpose – some jurisdictions do not allow the exclusion of implied warranties in certain circumstances, so the above exclusion may not apply to you. In addition, Noble One does not represent or warrant that the information or merchandise provided through this site is accurate, complete, or current.
Products, price, and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Noble Ones, LTD nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Noble One also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio, from the Site.
PROMOTIONAL OFFERS, DISCOUNTS, CONTESTS
Noble One reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, or contest. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
TRADEMARKS
Noble One is a registered trademark in the United States and other countries. Noble One trademarks may not be used without the written permission of Noble One and specifically should not be used in connection with any other product or service, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Noble One.
Any rights not expressly granted herein are reserved.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Noble One, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Noble One, LTD.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Noble One. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any Content from the Site except as expressly permitted by these Terms. Doing so will violate Noble One copyright, trademark, and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Noble One uses in connection with the Site shall remain the exclusive property of Noble One, LTD. Nothing contained in the Terms shall be deemed to give you any rights in or to any intellectual property of Noble One, LTD. All other trademarks, product names and company names or logos on the Site are the property of their respective owners.
COMMUNICATIONS PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Noble One or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Noble One is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. By posting any communication or material on the site, you grant Noble One and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner. You also grant Noble One and its affiliates and sublicensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
LINKS TO THIRD PARTY SITES
The Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites may or may not be under the control of Noble One and it is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Noble One is not responsible for webcasting or any other form of transmission received from any Linked Site. Noble One is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Noble One of the Linked Site or any association with its operators.
SHOPPING
Noble One does not guarantee, warrant, or endorse any product or service not manufactured or performed by Noble One nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Noble One. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Noble One.
ORDER ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Noble One reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
COLOR
We have made every effort to display as accurately as possible the colors of the advertised products that appear on the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
PRIVACY
Noble One agrees to adhere to all applicable United States federal and state laws, statutes, and regulations relating to the collection and use of personal information from Site visitors.
ARBITRATION
No class action. To the fullest extent allowed by law, neither you nor noble ones, ltd will seek to have a dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. Further, to the fullest extent allowed by law, no arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitrations or proceedings. You and we agree to arbitrate all disputes that are not resolved informally, except disputes relating to the ownership or enforcement of intellectual property rights. This includes all disputes regarding any current, past of future purchase or event, between you and us regarding our products, this agreement, or this website, and whether the claims is based on contract, tort, warranty, statute, regulation, or other legal or equitable basis. We both agree by this undertaking that the arbitrator will have the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these terms of use, the privacy policy, or the formation of this agreement, including the arbitrability of any dispute and any claim that all or any part of this agreement is or are void or voidable. you are waiving any and all rights you may have to litigate a dispute in court before a judge or jury.
If you or we have a dispute with the other or this website or our agreement, notice must first be sent to the other party, including:
· Name, address, and contact information of the party giving the notice
· The facts that are the basis of the dispute
· The remedy sought (e.g. a refund).
For notices to us regarding a dispute, they must be emailed to: email@nobleones.com. If we have a claim against you, we will notify you by the contact information you have provided to us.
We and you will use good faith efforts to resolve through informal negotiations the dispute. If, despite these good faith efforts, we cannot reach an agreed resolution within 60 days, then, you or we may commence an arbitration proceeding. Arbitration will be conducted in Denver, Colorado or if you and we agree remotely.
Arbitration will be administered by one arbitrator. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
TERMINATION
Noble One reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.