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These Website Terms of Use (the “Terms of Use”) apply to the Nobl Q, LLC (“Nobl Q”) web site located at www.noblq.com, and all associated sites linked to www.noblq.com by Nobl Q, its subsidiaries and affiliates (collectively, the “Sites”). The Sites are the property of Nobl Q and its licensors. BY USING ANY NOBL Q SITES, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITES.
Nobl Q reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of a Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Nobl Q grants you a personal, non-exclusive, non-transferable, limited privilege to enter
and use the Sites solely for your personal use including without limitation to evaluate whether to enter into a business relationship with Nobl Q and in connection with your use of Nobl Q’s products and services and not for any other purpose.
All articles, text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Sites is owned, controlled or licensed by or to Nobl Q, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, modified, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, and you may not make any derivative works of any part of the Sites
or the Content, without Nobl Q’s express prior written consent.
You may use information on Nobl Q products and services (such as data sheets, articles, white papers and similar materials) purposely made available by Nobl Q for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You must abide by all copyright notices, information, or restrictions contained in or attached to any of the Nobl Q Content.
Nobl Q reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Sites, or any portion of the Sites, for any reason; (2) to modify or change the Sites, or any portion of the Sites, and any applicable policies or terms; and (3) to interrupt the operation of the Sites, or any portion of the Sites, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You agree that Nobl Q may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) unexpected technical issues or problems, or (5) for your noncompliance
with these Terms of Use.
Additional terms and conditions may apply to specific portions or features of the Sites, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions and if there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Sites or for any service offered on or through the Sites, the latter terms shall control with respect to your use of that portion of the Sites or the specific service.
Nobl Q’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing in these Terms of Use should be construed to alter such agreements.
Nobl Q may make changes to, or cease offering, any products or services offered on the Sites at any time, without notice. The materials on the Sites with respect to products and services may be out of date, and Nobl Q makes no commitment to update the materials on the Sites with respect to such products and services.
To the extent Nobl Q makes available third party applications, products, software, services, data, content or
resources or other third party goods or services on the Sites or links to third party websites, Nobl Q does so for your convenience and makes no representations or warranties with respect to any of the foregoing, all of which is provided “as is” and without warranty. Nobl Q disclaims all liability arising from your download or use of the foregoing. Such third party materials may be subject to additional terms and conditions and licenses between you
and the third party. YOU AGREE THAT IN NO EVENT WILL NOBL Q BE LIABLE TO YOU IN CONNECTION WITH THE WEBSITES, CONTENT, APPLICATIONS, SERVICES, DATA, CONTENT, RESOURCES, MATERIALS OR PRACTICES OF ANY THIRD PARTY.
Except for any disclosure by you for technical support purposes, or as specified in our Privacy Policy, all communications from you to Nobl Q will be considered non-confidential and non-proprietary. You agree that any and all comments, information, feedback and ideas regarding Nobl Q, its products or services, that you communicate to Nobl Q (“Feedback”) will be deemed, at the time of communication to Nobl Q, the property of Nobl Q, and Nobl Q shall be entitled to, and you hereby irrevocably assign, full rights of ownership, including
without limitation, all intellectual property rights in such Feedback and the unrestricted right to use or disclose such Feedback in any form, medium or technology now known or later developed, and for any purpose, commercial or otherwise, without compensation to you.
You are solely responsible for the content of your communications and their legality under all laws and regulations. You agree not to use our Sites to distribute, link to or solicit content that is defamatory, harassing, unlawful, libelous, harmful to minors, threatening, obscene, false, misleading, or infringing a third party intellectual or privacy rights.
Access to and use of password protected or secured areas of our Sites is restricted to authorized users only and certain features or services offered on or through our Sites, such as to the Nobl Q Knowledgebase, may require you to open an account (including setting up an Nobl Q ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Nobl Q immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Nobl Q or any third party due to someone else using your Nobl Q ID, password or account. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any Content you are exposed to through our Sites.
Nobl Q’s Privacy Policy applies to use of our Sites, and its terms are made a part of these Terms of Use by this reference. To view Nobl Q’s Privacy Policy, please visit [insert link to privacy policy] Additionally, by using our Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Nobl Q reserves the right to review your communications on our Sites to determine whether you comply with these Terms of Use and any other applicable polices or terms and conditions of Nobl Q applicable to your use of the Sites. Nobl Q will not have any liability or responsibility for the content of any communications you post to the Sites, or for any errors or violations of any laws or regulations by you. Nobl Q will comply with any court order in disclosing the identity of any person posting communications on the Sites. It is advisable that you review our Privacy Statement before posting any such communications.
Our Sites may link to other third party sites which are not under the control of Nobl Q. Nobl Q is not responsible for the content of any linked site or any link contained in a linked site. Nobl Q reserves the right to terminate any link at any time. Nobl Q may provide links from this Site to other sites as a convenience to you and in no way should this be interpreted as an endorsement of any company, content or products to which it links. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. Please note that when you conduct transactions with other companies providing content via this Site, you will also be subject to their privacy policies. Nobl Q DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, TO ANY SUCH
LINKED SITES, INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO THE ACCURACY, OWNERSHIP, VALIDITY OR
LEGALITY OF ANY CONTENT OF A LINKED SITE.
The trademarks, service marks and logos of Nobl Q used through the Site (“Trademarks”) are the property of Nobl Q and Nobl Q reserves all rights to it Tradmarks. You have no right to use any such Trademarks, and nothing contained in our Sites or the Terms of Use grants any right to use (by implication, waiver, estoppel or otherwise) any Trademarks without the prior written permission of Nobl Q.
You agree to indemnify, defend and hold Nobl Q, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from and against any demands, loss, liability, claims or expenses (including attorneys’ fees) arising out of, based on or in connection with your access and/or use of our Sites.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NOBL Q BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF NOBL Q HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, NOBL Q IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SITES OR ANY CONTENT, NOBL Q’S LIABILITY SHALL IN NO EVENT EXCEED US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
NOBL Q DOES NOT PROMISE THAT THE SITES OR ANY CONTENT, SERVICE OR FEATURE OF THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITES WILL PROVIDE SPECIFIC RESULTS. THE SITES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. NOBL Q CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITES WILL BE FREE OF VIRUSES, VULNERABILITIES, MALWARE OR OTHER HARMFUL OR DESTRUCTIVE FEATURES. NOBL Q DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NOBL Q DISCLAIMS ANY AND ALL LIABILITY
FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITES AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NOBL Q FOR DISSATISFACTION WITH THE SITES OR ANY CONTENT IS TO STOP USING THE SITES OR ANY SUCH CONTENT. THIS DISCLAIMER IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Nobl Q may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Nobl Q’s rights or property, or the rights or property of visitors to or users of the Sites, including Nobl Q customers. Nobl Q reserves the right at all times to disclose any information that Nobl Q deems necessary to comply with any applicable law, regulation, legal process or governmental request. Nobl Q also may disclose your information when Nobl Q determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Nobl Q may preserve any transmittal or communication by you with Nobl Q through the Sites or any service offered on or through the Site, and may also disclose such data if required to do so by law or Nobl Q determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Nobl Q, its employees, users of or visitors to the
Site, and the public.
You agree that Nobl Q may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Nobl Q, for which monetary damages would be inadequate, and you consent to Nobl Q obtaining any injunctive or equitable relief that Nobl Q deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Nobl Q may have at law or in equity. If Nobl Q does take any legal action against you as a result of your violation of these Terms of Use, Nobl Q will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Nobl Q. You agree that Nobl Q will not be liable to you or to any third party for termination of your access to the Sites as a result of any violation of these Terms of Use.
All matters relating to your access and use of Sites shall be governed by the federal laws of the United States and the laws of the State of Texas, without regard to its conflicts of laws provisions. You agree to submit to the personal jurisdiction and venue in the federal and state courts located in Dallas county, Texas, and waive any objection to such jurisdiction or venue. You further agree to waive any trial by jury.
Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Nobl Q or Nobl Q’s employees, agents, successors, or assigns, will exclusively be settled through binding and confidential arbitration held in Dallas county, Texas. Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them
applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
(a) ANY CLAIMS BROUGHT BY YOU OR NOBL Q MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Nobl Q will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (d) Nobl Q also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (h) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
Any claim brought by you against Nobl Q must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Nobl Q and you arising out of or in connection with your use of the Sites, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Nobl Q that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.Notices of claims of copyright infringement on this website should be emailed or mailed to:
Nobl Q, Inc.
8560 Belleview Drive,
Suite 120, Plano, TX 75024
Attn: DMCA Notice
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
Although the Sites are accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Sites are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Nobl Q reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Sites is void where prohibited. If you choose to access the Sites from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use and any other applicable Nobl Q policies and terms and
conditions applicable to you constitute the entire agreement between you and Nobl Q with regard to your use of the Sites, and any and all other written or oral agreements or understandings previously existing between you and Nobl Q with respect to such use are hereby superseded and cancelled. Nobl Q will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Nobl Q’s failure to insist on or
enforce strict performance of these Terms of Use shall not be construed as a waiver by Nobl Q of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Nobl Q and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
If you have any questions regarding the Terms of Use, please contact us at info@noblq.com. For other general questions, please contact us at info@noblq.com.
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