Website and Membership Terms and Conditions

OVERVIEW

This website is operated by Noëlle Floyd. Throughout the site, the terms “we”, “us” and “our” refer to Noëlle Floyd. Noëlle Floyd 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 Use and Sale”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use and Sale 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 Use and Sale carefully before accessing or using our website:

BY ACCESSING OR USING ANY PART OF THIS SITE, YOU AGREE, TO BE BOUND BY THESE TERMS OF USE AND SALE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS OUR WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF USE AND SALE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF USE AND SALE.

Any new features or tools which are added to the current website shall also be subject to the Terms of Use and Sale. You can review the most current version of the Terms of Use and Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use and Sale 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 website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - GENERAL TERMS AND CONDITIONS

1.1 Eligibility. By agreeing to these Terms of Use and Sale, you represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence.

By using our site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of our site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing our site or the website of any of our affiliates, you are not permitted to access our site.

1.2 License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access our site and use the Services for your personal, non-commercial use, and as we otherwise intend. Noëlle Floyd reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.

1.3 Prohibited Conduct. You may not use our site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on our site, access to the Service, or any contact on the website through which the service is provided, without express written permission by us; (b) use the Service or site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or our site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Service or site; (g) collect information about users of the Service, the site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or site; (k) the use of 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).

1.4 Privacy Policy. Noëlle Floyd’s Privacy Policy describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure is incorporated into and is a part of these Terms. You hereby 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 technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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

SECTION 2 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use and Sale, 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.

SECTION 3 - 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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

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

SECTION 5 - PRODUCTS OR SERVICES

NF.edit sales are final and cannot be returned or exchanged. If a box arrives and any product is missing or damaged and/or your box is lost or defective, report it ASAP to info@noellefloyd.com and we will assist you with filing a claim. Any refunds or replacements are made solely at our discretion with consideration to product and/or box availability.

We have made every effort to display as accurately as possible the colors and images of our products that will appear in the NF.edit. 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 anytime 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.

SECTION 6 - ACCURACY OF BILLING AND MEMBERSHIP ACCOUNT INFORMATION

6.1 Account Registration. Upon creating a membership account with us, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else’s account at any time. 

6.2 Security of Your Account. You agree to notify Noëlle Floyd immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and attorneys’ fees incurred by Noëlle Floyd or a third party due to someone else using your account.

6.3 No Obligation to Retain a Record of Your Account. Noëlle Floyd has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services.

6.4 Order and/or Account Cancellation by Noëlle Floyd. 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. In the event that 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.

6.5 Account Cancellation by Subscriber. Memberships may be cancelled any time, subject to these Terms and the NF.edit Subscription Box Membership Terms (see below). In order to cancel your Membership, you must email us at info@noellefloyd.com, indicate that you wish to cancel and follow the instructions that we send you in response.

You must contact us and complete cancellation within the timeframes stated in the NF.edit Subscription Box Membership Terms for your cancellation to be effective in a timely fashion. There are no cancellation fees.


SECTION 7 - INTELLECTUAL PROPERTY; THIRD-PARTY CONTENT AND SERVICES

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

7.1            Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Noëlle Floyd and/or its affiliates. Content is provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to our site, Content, Marks, Site Design and Technology. Using our site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.

7.2 Third-party Content. Third-party links on our 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 content materials or websites, or for any other materials, products, or services of third-parties.

7.3 Third-party Tools. 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 Use and Sales.

7.4 Third-party Services. Third parties may offer their services directly to you through their websites. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Noëlle Floyd will not be liable in any way for; (a) acts or omissions of such third party, the terms of service or privacy policy of the third party or its failure to adhere to its terms of service or privacy policy, or any loss, damages, liability or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products; (b) 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.

SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS


If, at our request, you send, submit, post or otherwise provide certain specific submissions i.e. any text, photographs, artwork, ideas, questions, reviews, comments, suggestions or other content such as creative ideas, suggestions, proposals, or  plans to us without a request from us whether online, by email, by postal mail, or other,  you agree that we may, refer to such as “User Content”, and at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium.

The following terms apply to User Content:

8.1            License to Noëlle Floyd. By sharing, submitting or uploading any User Content, you grant Noëlle Floyd a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your User Content in any manner existing now or created in the future. Subject to the license above, you retain ownership of User Content.

8.2            Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights,” that you have to prevent us from exploiting the rights granted in Section 8.1.

8.3            Right to Name and Likeness. You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any User Content in connection with such User Content.

8.4            Your Responsibility for User Content. You acknowledge and agree that you are solely responsible for all the User Content that you make available through our site. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents and releases necessary to grant Noëlle Floyd the required rights to disseminate any User Content and (2) neither your User Content nor your posting, uploading, publication, submission or transmittal of this User Content or Noëlle Floyd’s use of your uploaded User Content (or any portion thereof) on, through or by the means of the Site, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation (3) 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.

8.5            No Obligations Regarding User Content.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 have the right to remove or edit any User Content for any reason, and/or 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.


SECTION 9 - PERSONAL INFORMATION


Your submission of personal information through your subscription box membership is governed by our Privacy Policy.


SECTION 10 - 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.


SECTION 11 - 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 Noëlle Floyd, 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.


SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Noëlle Floyd 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 Use and Sale or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 - SEVERABILITY

In the event that any provision of these Terms of Use and Sale 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 Use and Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 - 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 Use and Sale are effective unless and until terminated by either you or us. You may terminate these Terms of Use and Sales 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 Use and Sale, 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).


SECTION 15 - ENTIRE AGREEMENT

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

These Terms of Use and Sale 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.


SECTION 16 - GOVERNING LAW


These Terms of Use and Sale and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of British Columbia CA.

SECTION 17 - CHANGES TO TERMS OF USE AND SALE

You can review the most current version of the Terms of Use and Sale 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 Use and Sale 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 Use and Sale constitutes acceptance of those changes.


SECTION 18- ADDITIONAL TERMS

18.1 Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on our site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:

info@noellefloyd.com


SECTION 19 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@noellefloyd.com.

NF.insider Membership Terms

NF.insider is an annual membership of $149 / year, available internationally and includes access to exclusive online content, a print magazine, and other perks the Noelle Floyd team creates.

The NF.insider annual membership is continuous and will auto-renew once per year unless you cancel.

Cancellation Policy: Customers may cancel at any time, subject to the time frames below. We do not place “holds” on Memberships.

Cancellations must be effected prior to the billing date of the Membership renewal. For Annual Memberships, this means that you must cancel before the billing date for the next year.

Data Transfers. As stated in our Privacy Policy, we may transfer your billing information to our third-party payment processors, other service providers, and certain trusted third parties.

NF.Edit SUBSCRIPTION BOX MEMBERSHIP TERMS

We offer multiple NF.edit Subscription Box Memberships.

Please review these NF.edit Subscription Box Membership Terms carefully and make sure you understand them before enrolling because they contain important and relevant information regarding any Membership you may purchase, including renewal and cancellation terms.

Memberships are continuous and automatically renew unless you cancel or we terminate your account.

By purchasing a Membership, you agree to the terms below, as well as our Terms of Use and Sale.

  1. Quarterly Memberships. A “Quarterly” Membership consists of an initial NF.edit box and an additional quarterly box sent out quarterly (every three months, four times a year) thereafter – Winter (December), Spring (March), Summer (June), Fall (September).

If you sign up for a Quarterly Membership, you will be billed $59.99 upon sign-up/initial purchase. The specific box you receive as a first-time subscriber is subject to availability. Thereafter, your credit card will be charged $59.99 the first day of each quarter in alignment with the next box shipment. (For example, purchasing your first box in September means an immediate transaction of $59.99. The following charges will take place in December, March and June)

Seasonal Memberships automatically renew each “Quarter” and, unless you timely cancel, you will be charged as described above.

  1. Annual Memberships. If you choose an Annual Membership, your subscription will include the same boxes as you would receive under a Quarterly Membership. If you sign up for an Annual Membership, you will be immediately billed $215.00 (as a non-refundable minimum purchase).

Annual Memberships automatically renew on the next billing date after your first four boxes. You will not be charged for your subscription again until the end of your annual term. Your subscription automatically renews each year unless you decide to cancel before your renewal date.  

  1. Cancellation Policy. Customers may cancel at any time, subject to the time frames below. We do not place “holds” on Memberships.

In order to cancel your Subscription, email us at info@noellefloyd.com, indicate that you wish to cancel and follow the instructions that we send you in response.

Cancellations must be effected prior to the billing date of the Membership renewal. For Quarterly Memberships, this means that you must cancel before the billing date for the next Quarter. For Annual Memberships, you must cancel prior to the billing date for the next annual period.

  1. Shipping and Taxes There are currently no shipping fees associated with the purchase and domestic delivery of the NF.edit.

         Availability/Shipping to Europe, Canada, and Australia coming soon!

  1. Data Transfers. As stated in our Privacy Policy, we may transfer your billing information to our third-party payment processors, other service providers, and certain trusted third parties.

6. Questions? If you have any questions, please contact us at info@noellefloyd.com