Terms and Conditions

Account Registration

To make a purchase on NOOZ, you must register for an account here. You must be at least 18 years old to register for an account. Only one account is permitted per household.

You agree that all of your registration information will be true and complete, and you will keep your account information current and up-to-date. You agree to keep your NOOZ username and password confidential, and to access the NOOZ Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account.

Please notify us immediately of any suspected unauthorized activity on your account by sending an email to service@weNOOZ.com.

Placing an Order on NOOZ

Shipping

NOOZ only ships within the contiguous United States (48 states and District of Columbia). If you’re in Alaska or Hawaii, which are both amazing places, we’re sorry and we want to be shipping there as soon as we can. For more information about shipping and delivery, please see our Shipping & Delivery policy.

Orders and Pricing

Each product’s list price is what we believe to be a representative online price for such product, and when possible is based on the suggested retail price provided by the supplier or manufacturer, which we check against prices from other online retailers on a regular basis. While we always try to show you a representative price, we can’t guarantee that you won’t see lower prices at other websites. But NOOZ is striving to be an online price leader when you shop for a larger, more efficient cart of goods... so read on.

As you shop on the NOOZ Sites, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.

Pricing errors, out-of-stock and other errors occasionally occur on the NOOZ Sites. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.

In addition, if any item you request becomes unavailable on the NOOZ Sites, we may cancel your order or - alternatively - instead of canceling your order, we may, at our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties. If we do this, of course we’ll only charge you the price quoted in your NOOZ purchase order.

Taxes

Items sold on the NOOZ Sites may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the seller(s).

Unless specifically indicated on the checkout page, NOOZ is the seller of items purchased on the NOOZ Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.

If NOOZ is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.

Title and Risk of Loss

Title to the items purchased by you on the NOOZ Sites (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by NOOZ.

Returns and Refunds

Returns and refunds are available only by contracting NOOZ. While NOOZ will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Returns/Refund policy and any guarantees on future orders.

Resale

We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from NOOZ with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, credit card, shipping address, person, household or order for any reason.

Accuracy, Completeness and Timeliness of Information on the NOOZ Sites

The NOOZ Sites contain lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we don't guarantee any aspect of any product information on the NOOZ Sites, including, without limitation, product images, descriptions and specifications. The information on the NOOZ Sites is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, miscategorized, or not helpful. (Although hopefully it isn’t!) Product information contained on the NOOZ Sites may differ from information contained on the actual product materials. Before you act on information you find on the NOOZ Sites, you must independently confirm any facts about the item(s) that are important to your decision.

Privacy

You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice, which may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication. (Monitoring and recording calls and emails helps us get better at helping you!)

Use of Materials on the NOOZ Sites

All content on the NOOZ Sites (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by NOOZ, other content providers (such as NOOZ’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the NOOZ Sites does not grant you any license or right to use any trademark, logo, or service mark displayed on the NOOZ Sites. NOOZ, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the NOOZ Sites, including all associated intellectual property rights. NOOZ neither warrants nor represents that your use of materials on the NOOZ Sites will not infringe rights of third parties.

You may access the NOOZ Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.

Any other use of the material on the NOOZ Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the NOOZ Sites, or use of the NOOZ Sites for purposes competitive with NOOZ, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the NOOZ Sites as they may be updated from time to time.

Materials You Submit

You acknowledge that you are responsible for all materials you submit to NOOZ via the NOOZ Sites or other electronic communications (including through any part of the NOOZ Sites administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the NOOZ Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.

Unless we indicate otherwise, if you submit any material to us, you grant NOOZ an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display these material throughout the world in any media. You further agree that NOOZ is free to use any ideas, concepts, feedback, and know-how you provide to NOOZ. You grant NOOZ the right to use the name you submit in connection with such material if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.

You agree not to submit content that:

infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
has a commercial purpose;
is intended to cause harm, damage, disable, or otherwise interfere with the NOOZ Sites or our partners; or
can be considered a third party’s private or confidential information.

Restrictions on Access and Use

When accessing and using the NOOZ Sites, you agree:

You will not do any of these these (generally bad) things:

Violate any law, rule, regulation, or these Terms of Use;
Engage in conduct that is fraudulent or otherwise harmful to NOOZ, our partners, or any other user;
Display to others, mirror, or frame the NOOZ Sites, or any component of the NOOZ Sites;
Access the NOOZ Sites if we have prohibited you from such access;
Circumvent any rules or terms set forth on the NOOZ Sites including those relating to any promotion, contest or program on the NOOZ Sites;

You will not do any of these (sneaky and annoying) things:

Access, tamper with, or use non-public areas of the NOOZ Sites, NOOZ’s computer systems, or the technical delivery systems of NOOZ or NOOZ’s providers;
Probe, scan, or test the vulnerability of any NOOZ Sites or breach any security or authentication measures;
Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the NOOZ Sites;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the NOOZ Sites;
Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the NOOZ Sites;
Collect any personally identifiable information from users of the NOOZ Sites or use any such information found on the NOOZ Sites;
Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
Use the NOOZ Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;

You will not use NOOZ Sites or NOOZ’s name, logo, brand or identity to do any of these things:

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a NOOZ trademark, logo, URL, or product name without NOOZ’s express written consent;

And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the NOOZ Sites (such as by attempting to retrieve information from or about the NOOZ Sites) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the NOOZ Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a NOOZ Site’s robots.txt file, the more restrictive of the two shall apply.)

If you attempt to access, search, or otherwise use the NOOZ Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for NOOZ to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism that NOOZ considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).

If you are accessing the NOOZ Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.

If you are accessing the NOOZ Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

Notice of Copyright Infringement

NOOZ has reserved the right, in its sole discretion, to terminate the accounts of users of the NOOZ Sites who infringe on copyrights of NOOZ or others. NOOZ has designated an agent to receive notices of claimed copyright infringement relating to the NOOZ Sites under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to NOOZ containing the following information:

A physical or electronic signature of the owner of, or a person authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.

You must submit your written notice containing the above information to our Designated Agent by accessing the webform on this page.

Communications Decency Act Notice

Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the NOOZ Sites is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the NOOZ Sites.

DISCLAIMER OF WARRANTIES

This section 11 of these Terms of Use is important because NOOZ - as an e-commerce platform - disclaims certain warranties and liabilities. You understand this agreement means NOOZ will not assume responsibility for many items. We must do this as a company, but we’ll also try to help our shoppers wherever we can (without legal obligations).

We apologize for the all-caps shouting we’re about to do, but these parts are important.

(*takes deep breath*)

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.

THE NOOZ SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE NOOZ SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE NOOZ SITES IS AT YOUR RISK.

WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
THAT ACCESS TO THE NOOZ SITES WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT THE NOOZ SITES WILL BE SECURE;
THAT THE NOOZ SITES OR THE SERVERS THAT MAKE THE NOOZ SITES AVAILABLE WILL BE VIRUS-FREE; AND
THAT COMMUNICATIONS SENT FROM THE NOOZ SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE NOOZ SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE NOOZ SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOOZ IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE NOOZ SITES.

LIMITATION OF LIABILITY

This section 12 of these Terms of Use is also important because NOOZ limits many of its liabilities. We must limit our liabilities for many reasons, but mainly because its smart for us to do so as an e-commerce business that wants to provide our platform to you as efficiently as possible.

(*takes another deep breath *)

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NOOZ, NOOZ’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:

THE NOOZ SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE NOOZ SITES;
ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
ANY DELAY ON OR INABILITY TO USE THE NOOZ SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE NOOZ SITES;
NOOZ’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE NOOZ SITES, OR;
OTHERWISE ARISING OUT OF YOUR USE OF THE NOOZ SITES;

IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF NOOZ, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER NOOZ NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE NOOZ SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “NEW YORK LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 14), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER THE LAW IN NEW JERSEY WHERE NOOZ IS BASED, THIS SECTION 12 DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” (NEW JERSEY STATUTE 2A:15-5.12). SIMILARLY, THIS SECTION 12 DOES NOT LIMIT NOOZ’S TORT LIABILITY UNDER NEW JERSEY LAW RESULTING FROM NOOZ’S OWN INTENTIONAL OR RECKLESS CONDUCT.

Indemnification

You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless NOOZ and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the NOOZ Sites, any content you post or submit to the NOOZ Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. NOOZ reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with NOOZ if and as requested by NOOZ in the defense of such matter.

New York Law Applies

The laws of the State of New York apply to everything relating to NOOZ’s and the NOOZ Sites’ relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the NOOZ Sites, including the sale of products, content, services, or technology, on or used through the NOOZ Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of New York applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the New York General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this section 16, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the NOOZ Sites, your (or anybody else’s) access to and/or use of the NOOZ Sites, and/or the provision of content, products, services, and/or technology on or through the NOOZ Sites. NOOZ and you agree to resolve any Dispute will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. NOOZ and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.

If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of NOOZ, or any employee, officer, director, or investor of NOOZ, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

Changes to These Terms of Use

NOOZ may amend these Terms of Use (including any Service Terms) at any time and at NOOZ’s sole discretion by posting the updated version on www.NOOZ.com:

12:00 p.m. Eastern time on the 10th day after posting to www.NOOZ.com (if there is no material update to the Disputes/Arbitration section) or on the 30th day after posting (if there is a material update to the Disputes/Arbitration section); or
your acceptance of them via a click-through process or some other method that we specify.

Updates to the Terms of Use apply on a going-forward basis as of the date they take effect.

Termination by NOOZ

We may close your account at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at NOOZ, this means we can close (or suspend) your account if we believe you are using the NOOZ Sites in a manner not intended by us, or in a way that circumvents these Terms of Use, or is contrary to the spirit of any activity on the NOOZ Sites (like a promotion or contest). In no case will NOOZ’s closure of your account, or reduction of your access to the NOOZ Sites, waive or affect any other right or relief to which NOOZ may be entitled.

Additional Terms For Our iOS App

When you use our iOS App, Apple requires you to agree to the following additional terms:

You acknowledge and agree that (i) these Terms of Use are concluded between you and NOOZ only, and Apple is not a party hereto, and (ii) as between NOOZ and Apple, it is NOOZ that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms of Use, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and NOOZ, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of NOOZ will be NOOZ’s responsibility, but only to the extent provided by these Terms of Use. Please read our entire Terms of Use, as other sections of these Terms of Use limit NOOZ’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use with respect to your compliance with this section. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

Entire Agreement and Admissibility; Applicability to Sellers

These Terms of Use constitute the entire agreement and understanding between you and NOOZ with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you access or use the NOOZ Sites in your capacity as a registered NOOZ retail partner (i.e., a seller who has registered with NOOZ to sell products on the NOOZ Sites), then the NOOZ Retail Partner Agreement will apply to you in connection with such access and use, not these Terms of Use. When a NOOZ retail partner or other NOOZ supplier accesses or uses the NOOZ Sites in any other capacity (e.g., as a shopper), these Terms of Use apply and not the NOOZ Retail Partner Agreement.

Miscellaneous

You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without NOOZ’s prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. NOOZ may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, NOOZ may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a NOOZ company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.

Headings are for reference purposes only and do not limit the scope or extent of any section.

NOOZ’s failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of NOOZ’s right to enforce such provision or any other provision of these Terms of Use.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.

How to Contact Us

If you have any questions or comments, please contact the NOOZ Heads by:

(1) emailing us at service@wenooz.com;