Please read these terms and conditions carefully before using the noondesk website or ordering our services.
01Interpretation and Definitions
The words with an initial capital letter have the meanings defined below. These definitions apply whether they appear in the singular or the plural.
- “Company” (referred to as “the Company”, “We”, “Us” or “Our”) means Beyond Labs LLC, registered at 30 N Gould St Ste R, Sheridan, WY 82801. noondesk is a brand of Beyond Labs LLC.
- “Affiliate” means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares or other securities entitled to vote.
- “Country” refers to Wyoming, United States.
- “Device” means any device that can access the Service, such as a computer, a cellphone or a digital tablet.
- “Service” refers to the Website and the design subscription services offered under the noondesk brand.
- “Terms and Conditions” (also “Terms”) means these terms, which form the entire agreement between You and the Company regarding use of the Website.
- “Website” refers to noondesk, accessible from noondesk.com.
- “You” means the individual accessing or using the Service, or the company or other legal entity on whose behalf that individual is doing so.
02Acknowledgment
These are the Terms governing the use of this Service and the agreement between You and the Company. They set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. They apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by them. If You disagree with any part, You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
03Disclaimer and Services
The content on the Website is for general information only. It is not professional, legal, financial or contractual advice, and nothing on the Website creates a contract between You and the Company.
Our design subscription services are governed by the plan or written agreement You accept when You subscribe. If that plan or agreement conflicts with these Terms, the plan or agreement prevails for the services it covers. Details such as turnaround times, ownership of deliverables, pausing and cancelling are set out there.
04Links to Other Websites
The Service may contain links to third-party websites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third-party websites or services. You further acknowledge and agree that the Company shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods or services available on or through such websites.
We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.
05Termination
We may terminate or suspend Your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms. Upon termination, Your right to use the Website will cease immediately. Termination of a paid subscription follows the plan or agreement You accepted.
06Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms, and Your exclusive remedy for all of the foregoing, shall be limited to the amount actually paid by You through the Service, or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, or loss of privacy arising out of or in any way related to the use of or inability to use the Service), even if the Company or any supplier has been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages, which means some of the above limitations may not apply. In these jurisdictions, each party’s liability will be limited to the greatest extent permitted by law.
07“AS IS” and “AS AVAILABLE” Disclaimer
The Website is provided to You “AS IS” and “AS AVAILABLE”, with all faults and defects and without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limitation, the Company provides no warranty or undertaking, and makes no representation of any kind, that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, or be error free.
08Governing Law
The laws of the Country (Wyoming, United States), excluding its conflict of law rules, govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws.
09Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at hello@noondesk.com.
10For European Union (EU) Users
If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.
11United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
12Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
13Translation Interpretation
These Terms may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
14Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
15Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By email: hello@noondesk.com
- By mail: Beyond Labs LLC, 1052 Antone Way, Petaluma, CA 94952
- Registered address: Beyond Labs LLC, 30 N Gould St Ste R, Sheridan, WY 82801