Last updated: May 23, 2014 03:54 PM EST
Welcome to Nohble.com. The Nohble Ones Inc. (DBA “Nohble”) and/or its affiliates provide website features and other products and services to you when you visit or shop at Nohble.com, use Nohble products or services, use Nohble applications for mobile, or use software provided by Nohble in connection with any of the foregoing (collectively, "Nohble Services"). Nohble provides the Nohble Services subject to the following conditions.
By using Nohble Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Nohble Services, and sometimes additional terms may apply. When you use a Nohble Service you also will be subject to the guidelines, terms and agreements applicable to that Nohble Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Nohble Services, to understand our practices.
When you use any Nohble Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Nohble Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Nohble Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Amazon or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Nohble Service is the exclusive property of Nohble and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Nohble Service are trademarks or trade dress of Nohble in the U.S. and other countries. Nohble’s trademarks and trade dress may not be used in connection with any product or service that is not Nohble’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Nohble. All other trademarks not owned by Nohble that appear in any Nohble Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Nohble.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Nohble or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Nohble Services. This license does not include any resale or commercial use of any Nohble Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Nohble Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Nohble or its licensors, suppliers, publishers, rights holders, or other content providers. No Nohble Service, nor any part of any Nohble Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Nohble. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Nohble without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Nohble name or trademarks without the express written consent of Nohble. You may not misuse the Nohble Services. You may use the Nohble Services only as permitted by law. The licenses granted by Nohble terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Nohble Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Nohble does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Nohble Services only with involvement of a parent or guardian. Nohble reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nohble reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Nohble a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Nohble and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Nohble for all claims resulting from content you supply. Nohble has the right but not the obligation to monitor and edit or remove any activity or content. Nohble takes no responsibility and assumes no liability for any content posted by you or any third party.
Nohble respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from Nohble are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Nohble does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Nohble does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
Nohble attempts to be as accurate as possible. However, Nohble does not warrant that product descriptions or other content of any Nohble Service is accurate, complete, reliable, current, or error-free. If a product offered by Nohble itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price or Suggested Price displayed for products on any Nohble Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant.
With respect to items sold by Nohble, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Nohble is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE NOHBLE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOHBLE SERVICES ARE PROVIDED BY NOHBLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NOHBLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOHBLE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NOHBLE SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOHBLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NOHBLE DOES NOT WARRANT THAT THE NOHBLE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOHBLE SERVICES, NOHBLE’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM NOHBLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOHBLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY NOHBLE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY NOHBLE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
Any dispute or claim relating in any way to your use of any Nohble Service, or to any products or services sold or distributed by Nohble or through Nohble.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Nohble will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Nohble Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Nohble.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Return Policy, posted on this site. These policies also govern your use of Nohble Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
135 County Avenue
Secaucus, New Jersey 07094
How to Serve a Subpoena
If you have a subpoena to serve on Nohble, please note that Nohble does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Nohble. Please find below the New Jersey address for Nohble:
Attn: Legal Department – Subpoena
135 County Avenue
Secaucus, New Jersey 07094
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; and IP address and complete time stamp for Nohble.com information.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
Nohble’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
135 County Avenue
Secaucus, NJ 07094
Phone: (201) 330-8801
135 County Avenue
Secaucus, NJ 07094
Phone: (201) 330-8801