Terms of Service

Updated March 29, 2021

We want to do our best to meet your expectations, grow our business, and provide the best experience to our members. This section summarizes our Terms of Use, and outlines the rules and guidelines about the usage of our services, and how our visitors are to use them. This agreement is to provide a general overview of our operations, keep our visitor experience fine-tuned, and provide 100% happiness to everybody who uses our services.

Overview

This website is operated by Nōbl llc. Throughout the site, the terms “we”, “us” and “our” refer to Nōbl. Nōbl offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Amazon Web Services. They provide us website hosting that allows us to sell our products and services to you.

Overview

By agreeing to these Terms of Service, you represent and warrant that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Services with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Services. If you are under 18 years of age and have not received such permission from your parent or legal guardian, you may not, under any circumstances or for any reason, use the

Services:

We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service follow all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services

Registration

During your use of the Website, you may be asked to register or otherwise provide certain personalized information to us and/or to create a username and password (such information referred to hereinafter as “Registration Information”). Our information collection and use policies with respect to the privacy of such Registration Information are set forth in the Websites’ Privacy Policy which is incorporated herein by reference for all purposes (the “Privacy Policy”).

You acknowledge and agree that you are solely responsible for your Registration Information. You represent and warrant that (a) all required Registration Information you submit is truthful, accurate, complete, and correct; and (b) you will maintain the accuracy and completeness of such information. You will be responsible for maintaining the confidentiality of your password and username and for restricting access to your computer and information so others may not access our Websites using your Registration Information. We will not be responsible for misuse of your Registration Information by any third party, whether authorized by you or not. You are responsible for all activities that occur under your Registration Information.

You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Registration Information or any other breach of security. PMC cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Agency

No agency, partnership, joint venture or employment relationship is created as a result of these Terms of Service and neither you nor Harry’s has any authority of any kind to bind the other in any respect.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information.

Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

Prices for our products are subject to change without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Products & Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services 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 or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do not warrant products that are handmade from natural ingredients to be the same and/or consistent, and you acknowledge each item is unique in its own right including volume and weight.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. 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. If 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.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. 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.

For more detail, please review our Returns Policy.

Payment Method, Billing, and Reaffirmation Authorization

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

We use a third-party payment processor, Stripe, (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, a notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. If, on receipt of such notice, you do not wish to continue with the purchase, you may cancel at any time before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Your non-termination or continued use of a Paid Service (including, without limitation, Subscription Services) reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment, and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Recurring Billing and Auto Replenishments

Some of the Paid Services, such as the purchase soap in an auto-replenishment plan, may consist of an initial period for which there is a one-time charge or a Trial Offer (as defined below), followed by recurring periodic charges as agreed to by you when you sign up for such auto-replenishment of products (“Subscription Services”). The Subscription Services give you the ability to specify how regularly you would like to order any products which auto-replenish. Unless you opt-out of a Subscription Service, which can be done via the methods described below, the Subscription Services that you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term you originally selected, at the then-current non-promotional rate. By choosing a Subscription Service, you acknowledge that such Subscription Service has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to the effective date of cancellation of such Subscription Service. All recurring payments relating to Subscription Services are fully earned upon payment.

To change or pause your Subscription Services at any time, go to your Account, or email us at help(Replace this parenthesis with the @ sign)nobllife.com. If you pause a Subscription Service, your subscription will not be renewed after your then-current subscription term expires.

WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, OR TO CHANGE YOUR PAYMENT METHOD OR SUBSCRIPTION SERVICES, GO TO YOUR ACCOUNT, OR CONTACT US AT THE EMAIL ADDRESS LISTED ABOVE.

Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools” 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 optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Nōbl Charity Program Policies

These Nōbl Charity Program Policies (these “Policies”) are part of the Operational Documentation incorporated into the Participation Agreement that governs your participation in the Nōbl Charity Program (the “Program”), and capitalized terms used in these Policies and not otherwise defined here will have the definitions provided there. These Policies describe requirements and restrictions applicable to you as a Program participant.

We reserve the right to modify these Policies at any time, at our sole discretion as outlined in the Modification section of the Participation Agreement and the Program Content Guidelines and the Register Your Organization page.

Interaction with Nōbl Customers

1. You will not take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (for example, search, browse, or order) are occurring.
2. You will not modify, redirect, suppress, or substitute the operation of any button, link, or other feature of Nōbl.
3. You will not request, collect, obtain, store, cache, or otherwise use any account information used by our customers in connection with Nōbl (including any usernames or passwords of Nōbl customers).
4. Customers who buy products through Nōbl are customers of Nōbl or its affiliates concerning all activities they undertake in connection with Nōbl, and you acknowledge and agree that you are not entitled to receive any customer information. Orders for Products placed by customers on Nōbl may be rejected for any reason and rejected orders will not be eligible for donations. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with Nōbl, you will state that those customers must follow contact directions on Nōbl to address customer service issues.

Advertising Nōbl

1. You may not promote or link to Nōbl in a way that is misleading or confusing to customers or that does not accurately represent Nōbl or the Program (for example, by expressing or implying that we have entered into a partnership with you, that we sponsor or endorse you or any other cause or that we support your position on any issue).

Unacceptable Practices

You will not include on your Site, display, or otherwise use Links or Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users before being downloaded or installed on their computer or other electronic devices.

1. You will not frame Nōbl (nobllife.com or any experience within Nōbl, or any part of it, within your Site. However, displaying a Link on your Site per the Participation Agreement will not be considered framing Nōbl. You may promote your Program participation and Link through social media and email as described in the Operational Documentation.
2. You will not include any Links in any content that you place on Nōbl (for example, in connection with any advertising service available through Nōbl or in a customer review, forum, post, guide, or any other customer-generated context available on Nōbl).

You will not cloak, hide, spoof, or otherwise obscure the URL of your website containing Links (including by use of a redirecting page) such that we cannot reasonably determine the website from which a customer clicks through such Link to Nōbl.

Additional Information

From time to time, we may request information from you to verify your compliance with the Participation Agreement or any Operational Documentation, including whether you meet, or continue to meet, the definition of an Eligible Organization.

You agree to cooperate with us and promptly satisfy such requests. Upon our request, you will provide us with written certification, in substantially the form requested by Nōbl, that you have complied with the Participation Agreement, including all Operational Documentation.

In addition, you consent to us monitoring your Site to verify your compliance with the Participation Agreement, and you will provide copies of Content on offline versions of your Site upon request. You also consent to us monitoring and using information about our customers in connection with their use of the Links and Nōbl.

You will not bid on or purchase keywords, search terms, or other identifiers, including any trademark of Nobl or its affiliates or variation or misspelling thereof, or otherwise participate in keyword auctions on any search engine, portal, or other search or referral service, directly or indirectly, that could disrupt traffic to Nobl.com.

Early Adopter and Founder’s Club

The Early Adopter and Founder’s Club is offered by us to reward you with special discounts and benefits for sharing our services with family, friends, and followers. As an Early Adopter or a Founder’s Club Member (“Founder”), you are subject to our Terms of Use and Privacy Policy, as well as the following additional terms and conditions for the Founder’s Club:

1. Referral Process. To participate in the Founder’s Club Program, you need to sign up for the program and share your invite link. Eligible Early Adopter and Founder’s will be provided with an individualized Invite Link to provide to others. You may provide this link on your social media, on your website or blog, or via electronic transmission provided such use follows all applicable laws and the terms and conditions of each platform. There is no requirement to make any payment or purchase or to provide any credit card information to sign up for the Founder’s Club.
2. Prohibited Use. You may not post your Invite Link to any third party website or a public forum, manipulate or change your individualized link, attempt to redirect or mask the origin of the party clicking the link, purchase or run ads using the link, make any false, misleading or disparaging representations or statements with regard to Nōbl, engage in any unfair or deceptive trade practice, use any “spam” or similar unwanted advertising or promotional materials, or sell your referral link.
3. Disclosure. If you recommend or endorse Nōbl in connection with any Invite Link posted on your website, blog, social media, or other location you must comply with the Federal Trade Commission’s disclosure requirements and include a disclosure statement in your post that clearly and concisely states that you are being compensated when people make purchases through the link you provided.
4. Qualified Invite. A Qualified Invite is defined when another member signs up for the Founder’s Club at www.nobllife.com/join-me by a person (a “referral”) and who confirms their email address, who arrives at our website by clicking your Invite Link. Invited persons are subject to verification and we may deny issuance of rewards at its sole discretion.
5. Referral. The referral and the Primary Founding Member cannot be the same person. You are expressly prohibited from using multiple email addresses to generate invites.
6. Benefits. The Early Adopter or Founder shall receive privileged benefits and early access to the services and products, and for every referral, they will move up one place in line to qualify for lifetime benefits of 30% off. The first 5,000 members with the most referrals will qualify. Benefits cannot be combined with other offers or discounts. Benefits and access are not transferrable and may not be traded or sold. No other compensation of any kind is payable to you in connection with your participation as an Early Adopter or in the Founder’s Club.
7. Maintain Benefits. To maintain your Early Adopter or Founding Member benefits, the purchase of at least one product offered by Nōbl within thirty days of signing up as a Founding Member is required.
8. Eligibility. Early Adopters, Founding Members and Referred Members must both be United States residents who are 18 years of age or older. The Founding members and Founder’s Club Program is available only to individuals for their personal use and cannot be used by businesses for affiliate lead generation as determined at the sole discretion of Nōbl.
9. No Spam. You must comply with all applicable laws regarding “spam” emails. Emails enclosing your Invite Link must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your Invite Link that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from the Early Adopter or Founder’s Club Program.
10. Right to Close Accounts. We reserve the right to close the account(s) of an Early Adopter, Founding Member, or Referred Customer and to deny or invalidate benefits if the Early Adopter, Founding Member or Referred Member attempts to use the Early Adopter or Founder’s Club program in a questionable manner or breaches any of our terms and conditions or is in violation of any law, statute, or governmental regulation. We reserve the right to seek payment for any redeemed Benefits which were acquired under false pretenses or in violation of these terms.
11. Right to Cancel Program or Change Terms. We reserve the right to cancel the Nōbl Early Adopter or Founder’s Club or to change these Terms & Conditions at any time at our sole discretion. Any unclaimed or unused Benefits will be forfeited at that time.

Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Marks

The trademarks, logos, service marks, and trade names (collectively the “Marks”) displayed on the Websites or on content available through the Websites, are registered and unregistered trademarks or service marks of Nōbl and third parties. All Marks not owned by Nōbl that appear on the Websites or on or through the Websites’ services, if any, are the property of their respective owners. Nothing contained on the Websites should be construed as granting, by implication or otherwise, any license or right to use any Mark displayed on the Websites without the written permission of Nōbl or the third party that may own the applicable Mark. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. Your misuse of the Marks displayed on the Websites or on or through any of the Websites’ services is strictly prohibited.

Copyright Agent

We respect the intellectual property rights of others and require that the people who use the services, or the websites or features made available on or through the services, do the same.

If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Nōbl’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Agent:
1323 SE 17th St
Ft Lauderdale, Florida
33316
Attn: Nōbl Copyright Agent
e-mail: legal(Replace this parenthesis with the @ sign)nobllife.com

Note that the above-referenced contact information is for copyright notices only. No other inquiries will receive a response from the Nōbl Copyright Agent.

Use Comments, Feedback, and Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Your submission of personal information through the store is governed by our Privacy Policy.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

You warrant and agree that, while using the Websites you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Websites’ content, materials or services (for example, without limitation, in an RSS feed or a podcast received from PMC or otherwise through the Websites), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the Websites. You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Websites or the services offered on or through the Websites, including without limitation any information residing on any server or database connected to the Websites or the services offered on or through the Websites; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use the Websites in any manner that may interrupt, damage, disable, overburden, or impair the Websites or its services, including without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Websites in violation of Nōbl’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Websites in violation of any applicable law. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Websites, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of the Websites or any of their services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Websites.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Nōbl, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Force Majure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, pandemics, mechanical, electronic, or communications failure or degradation.

Indemnification

You agree to indemnify, defend, and hold harmless Nōbl and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

ARBITRATION; WAIVER OF TRIAL BY JURY. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

1. Small Claims Court; Class Action Waiver. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if such claim is within such court’s jurisdiction unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING, WITHOUT LIMITATION, ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
2. Procedures. These dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event that JAMS is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever banned.
3. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Disputes section, you must notify us in writing within thirty (30) days of the date that you first accept these Terms of Service (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with the “Governing Law and Jurisdiction” section below. Your written notification must be mailed to us at the address set out at the end of these Terms of Service. If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including, without limitation, the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms of Service after the date of your first acceptance. Such notification must include: (i) your name; (ii) your email address and mailing address; and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action. If we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms of Service. It is not necessary to send us a rejection of a future change to this Disputes section if you had properly opted out within the first thirty (30) days after you first accepted the provisions in this Disputes section. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Disputes section, as modified by any changes you did not reject. A notification sent pursuant to this paragraph solely affects these Terms of Service; if you previously entered into other arbitration or dispute resolution agreements with us or enter into other such agreements in the future, your notification that you are opting out of the provisions in this Disputes section shall not affect the other arbitration agreements between you and us.

Severability

If any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of:

Fort Lauderdale, Florida
United States of America
(Broward County)

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Our Terms of Service Team

If you have any questions about this Terms of Service, please contact the Terms of Service team by writing to Nōbl, Attention Terms of Service: 1323 SE 17th Street Fort Lauderdale, Florida 33316 or by email using help(Replace this parenthesis with the @ sign)nobllife.com with “terms of service” as the subject.

Although Nōbl will in most circumstances be able to receive your communications, Nōbl does not guarantee that it will receive such communications timely and accurately and shall not be legally obligated to read, act on, or respond to any such email or other information. Be aware that your email communications to Nōbl may not be secure, nor treated as confidential.

Thank you for being Nōbl!