Terms of Service


OVERVIEW

This website, located at https://www.shopnoonis.com (the “Site”), is owned and operated by Nooni's, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Nooni’s, LLC. We offer the Site, including all information, tools, images, and other materials contained therein (collectively, the “Content”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site or purchasing an item from the Site (a “Product”), you agree to be bound by the following terms and conditions (these “Terms”), which expressly includes and incorporate the Privacy Policy. These Terms apply to all visitors of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

We may amend or modify these Terms from time to time at our sole discretion. Please read these Terms carefully. By accessing or using any part of the Site, you agree to be bound by the then-posted version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Site.

SECTION 1 – Limited License

Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Site and the Content, for your personal non-commercial purposes only.

SECTION 2 - Restrictions 

We reserve the right to refuse service to anyone for any reason at any time. You may not: (i) remove any trademark or copyright notices contained in any Content; (ii) reproduce, resell, download, modify, display, publish, distribute, transmit, disseminate, transfer, license, sell, lease, or create derivative works based upon any Content; (iii) frame or mirror any Content on another website or server; (iv) disassemble, decompile or reverse engineer any of the Content; (v) use any data mining, robots, or similar data gathering and extraction tools or otherwise attempt to hack, defeat, or overcome any encryption technology or security measures; (vi) transmit any worms, viruses, or other malicious code through the Site or its networks, or otherwise interfere with or disrupt the operation of the Site or the servers or networks connected to the Site; (vii) provide any materially false or misleading information via the Site; (viii) submit or post any unlawful, infringing, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable material via the Site; (ix) use the Site, Content, or Products for any activity competitive to our business; or (x) use the Site, Content, or Products to violate any applicable law, including without limitation export control laws and intellectual property laws.

SECTION 3 - Modifications

We reserve the right at any time to modify or discontinue the Site, Content, or Products in whole or in part without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

SECTION 4 – Product Terms

Certain Products may be available exclusively online through the website. Products may have limited quantities and are subject to return or exchange only according to our Return Policy. We have used reasonable efforts to display as accurately as possible the colors and images of the Products. However, you acknowledge and agree that we cannot guarantee the accuracy of your device’s display of these colors. We reserve the right, in our sole discretion, to restrict the sales of Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions and pricing of Products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer on the Site for any Product is void where prohibited.

We reserve the right to refuse any order you place with us in our sole discretion. An order placed by you will not be deemed accepted until we confirm our acceptance of the order. If we determine that pricing, description, or another aspect of the Product was listed in error on our Site, we may, in our sole discretion, correct such errors at any time and cancel any affected orders. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we cancel your order, your sole and exclusive remedy will be for us to provide you a full refund. 

SECTION 5 – Your Account Information 

If you create an account or make a purchase on the Site, you will provide any required information completely and accurately. You will maintain the confidentiality of any passwords for your account, and you will be solely and fully responsible for all activities undertaken through your account. In no event will we be responsible or liable for any issues that may arise because of inaccurate or incomplete information you submit. We reserve the right to terminate your account or your access to the Site at any time, without notice, at our sole discretion. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Our collection, use, and disclosure of your information is governed by our Privacy Policy.

SECTION 6 – Third Party Materials

The Site may include certain third party tools and platforms and links to third party websites (collectively, “Third Party Materials”). The Site uses a third party e-commerce platform provided by Shopify Inc. (“Shopify”) to help display our listings and provide certain other services. If you use any portions of the Site that incorporate the Shopify platform or services, such use will be subject to Shopify’s privacy policy available at https://www.shopify.com/legal/privacy. Payments on the Site are processed by a third party payment processor, Stripe, Inc. (“Stripe”). Information provided as part of the payment process will be subject to Stripe’s privacy policy available at https://stripe.com/us/privacy.

You acknowledge and agree that we do not have control or input over the reliability, accuracy, availability, or content of any Third Party Materials (including without limitation the services provided by Shopify and Stripe), that we have no obligation or responsibility for examining or evaluating the reliability, accuracy, availability, or content of any Third Party Materials, and any use thereof is made entirely at your own risk. You acknowledge and agree that we provide access to Third Party Materials ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Third Party Materials. Third Party Materials may be subject to the applicable third party’s terms and conditions and privacy policies, for which we have no control or input. Please review any such third party terms and policies before using any Third Party Materials. Complaints, claims, concerns, or questions regarding Third Party Materials should be directed to the applicable third party.

SECTION 7 – Ownership of Intellectual Property

 The Site, Content, and Products, and any patent, trademark, trade secret, copyright, or other intellectual property rights therein are owned by us or our licensors and suppliers, and except for the limited license granted herein, you obtain no right, title, interest, or license in or to any of the foregoing.

If you send us any creative ideas, suggestions, proposals, plans, reviews, or other feedback, whether online, by email, by postal mail, or otherwise (collectively, “Feedback”), you hereby grant us a worldwide, perpetual, irrevocable, fully paid, royalty free, transferable, sublicenseable license to reproduce, distribute, display, perform, create derivative works based on, make or have made, sell or have sold, and otherwise fully use and exploit such Feedback as we see fit in our sole discretion. We will have no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to incorporate or respond to any Feedback. You represent and warrant that you have all necessary rights and authority to grant this license to your Feedback.

You acknowledge and agree that we may, but have no obligation to, monitor, edit, or remove any reviews or other postings made on the Site by you or other visitors, and that we have no responsibility for the content, accuracy, or reliability of such reviews or postings.

SECTION 8 – DISCLAIMERS

TO THE EXTENT PERMITTED BY LAW, THE WEBSITE, CONTENT, AND PRODUCTS ARE PROVIDED BY US AND OUR LICENSORS AND SUPPLIERS “AS-IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES WHATSOEVER AND WE HEREBY EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR STATUTORY), INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE DO NOT WARRANT THAT ANY ASPECT OF THE WEBSITE, CONTENT, OR PRODUCTS WILL BE FREE FROM ERRORS OR DEFECTS, NOR DO WE MAKE ANY WARRANTY OR REPRESENTATION CONCERNING THE ACCURACY, AVAILABILITY, RELIABILITY, OR CURRENTNESS OF THE WEBSITE OR ANY CONTENT OR PRODUCTS. ANY USE OF THE WEBSITE, CONTENT, OR PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OF SUCH USE. THE MATERIAL ON THIS SITE IS PROVIDED FOR GENERAL INFORMATION ONLY.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL NOONI’S, LLC, OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AFFILIATES, SUPPLIERS, OR CONTRACTORS (EACH, A “PROVIDER”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE SITE, CONTENT, THIRD PARTY MATERIALS, OR SERVICES (EVEN IF SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), UNDER WHATEVER LEGAL THEORY (INCLUDING NEGLIGENCE). WITHOUT LIMITING TO ANY EXTENT THE FOREGOING DISCLAIMERS, IN NO EVENT WILL ANY PROVIDER BE LIABLE TO YOU IN AN AMOUNT EXCEEDING THE AMOUNTS YOU HAVE ACTUALLY PAID TO US THROUGH YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

SECTION 9 - Indemnification 

You will indemnify, defend and hold harmless the Providers from any claims, demands, losses, liabilities, costs, or expenses, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms.

SECTION 10 - Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 11 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms. Sections 2 through 12 of these Terms will survive any termination or expiration of these Terms.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time ceasing to use the Site. We may terminate these Terms at any time, for any reason or no reason at all, with or without notice to you. A breach or violation of any of the Terms will result in an immediate termination of the license granted herein, and we may take other actions in our sole discretion to restrict or prohibit your further access or use of the Site, including without limitation suspending, disabling, or deleting your account or blocking your IP.

SECTION 12 – Other Terms And Conditions

 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the Site or as part of your order constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us regarding the subject matter hereof (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. Section headers are for convenience only and shall not alter the interpretation of the applicable terms and conditions. These Terms and any orders made through the Site shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to conflicts of laws principles. To the extent permitted by law, the parties hereby consent and submit to the exclusive jurisdiction of the state and federal courts in Kent County, Michigan for any disputes arising out of there Terms or your use of the Site, Content, or Products. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting a new version to the Site. Your continued use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of the then-currently posted version of these Terms. Questions about these Terms should be sent to us at info@shopnoonis.com.

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