Terms of Service

Welcome to the website (the "website") of Paul Noia Design, Inc. (Paul Noia). Paul Noia Design, Inc. makes available to you a wide variety of information, services, products, downloads, text, graphics, sounds, files, content, communications and resources. 

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way, including without limitation, browsing the website, using any information, using any content, using any services, downloading any materials, and/or placing any order(s) for services and/or products, YOU AGREE AND ARE BOUND BY THE TERMS OF USE DESCRIBED IN THIS DOCUMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. 

By agreeing to the terms of use of this website, the Terms of Use are entered by and between you and Paul Noia Design, Inc.. If you are using this website on behalf of your employer, then you agree to the terms of use on behalf of your employer and you acknowledge that you represent and are authorized to accept these Terms of Use on your employer’s behalf. 

Paul Noia Design, Inc. reserves the right at it’s sole discretion, to change, modify, update, add or remove any portion of the Terms of Use without notification to you. Your continued use of this website following any such revision and/or posting of the Terms of Use will mean you accept these changes. It is strongly advised that you check these Terms of Use for any changes before using this website.

Use of Materials Limitations
All materials in this website are the Intelectual and copyrighted property of Paul Noia Design, Inc., affiliated companies, subsidiaries, and third party licensors. All trademarks, service marks and trade names are proprietary to Paul Noia Design, Inc., affiliated companies, subsidiaries and third party licensors. 

Unless it is specified otherwise, all materials and services on this website are for your PERSONAL AND NON-COMMERCIAL USE ONLY. YOU MAY NOT MODIFY, COPY, DISTRIBUTE, TRANSMIT, DISPLAY, PERFORM, REPRODUCE, PUBLISH, CREATE DIRIVITIVE WORKS FROM, SELL ANY INFORMATION, PRODUCTS OR SERVICES FROM THIS WEBSITE WITHOUT THE EXPRESSED WRITTEN CONSENT OF PAUL NOIA DESIGN, INC.

Responsibility for Content
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Paul Noia Design, Inc., are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Products and Services. Paul Noia Design, Inc. does not control user or third party Content posted via the Products and Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content. Under no circumstances will Paul Noia Design, Inc. be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. Paul Noia Design, Inc. does not, as a general practice, pre-screen user or third party Content posted on the Products and Services, although Paul Noia Design, Inc. reserves the right to do so.

Disclaimer of warranty
Paul Noia Design, Inc. disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. Paul Noia Design Web Services Inc. does not warrant that its services are error-free or that they will operate without interruption nor does Paul Noia Design, Inc. make any warranty with respect to the quality, reliability, timeliness or security of the Products and Services (including the existence or non-existence of any viruses or other destructive elements within the Products and Services). Paul Noia Design, Inc. makes no guarantee as to the availability of Products and Services and is not responsible for any loss of information resulting from deletion of Products and Services, network or system outages, file corruption, or any other reasons.

Pricing & Service Availability
Prices and services are subject to change without notice. Call for current pricing and service availability.

Service Limitation
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available. You may not use the Products and Services to: 

(a) Upload, post or otherwise transmit any Content that is, or that promotes behaviour that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; 

(b) Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age; 

(c) Harm minors in any way; 

(d) Associate Paul Noia Design, Inc. and any Products and Services with any adult material of any sort. This includes, but is not limited to, such things as nudity, any site, page, image or service requiring any adult verification service, anything that users to be 18 or older to view or join or access, and any text, image or likeness suggesting sexual and/or inappropriate and/or illegal acts of any sort. Without limiting the foregoing, you may not use the Products and Services to store, use, contain or display pornography, adult novelties, adult toys, XXX material, escort services, Gorean, bondage, BDSM, bigotry, racism, hatred, profanity, or any material which may be insulting to another person(s) or entity; 

(e) Impersonate any person or entity, including, but not limited to, a Paul Noia Design, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; 

(f) Sell, distribute, or make any commercial use of data obtained from any Products and Services or make any other use of such data in a manner which could be expected to offend the person for whom the data is relevant; 

(g) Create and maintain a Paul Noia Design, Inc. web page that 

i. redirects to another web page or
ii. stores or hosts content for remote loading by other web pages; 

(h) Use the Products and Services to hyperlink to content not permitted on the Paul Noia Design, Inc. Network; 

(i) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services; 

(j) Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market; 

(k) Disobey any Paul Noia Design, Inc. employee or representative or interfere with any action by any
Paul Noia Design, Inc. employee or representative to redress any violation of these Terms of Service; 

(l) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any Paul Noia Design, Inc. database, including, without limitation, by incorporating data from any Products and Services, whether browser-based, based on proprietary client-site applications, web-based, or otherwise; 

(m) Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication, including emails, transmitted through the Products and Services; 

(n) Upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;

(o) Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:

i. Making available copyrighted software or other Content that has had the copyright protection removed.
ii. Making available serial numbers for software that can be used to illegally validate or register software.
iii. Making available tools that can be used for no purpose other than for "cracking" software or other copyrighted Content.
iv. Making available any software files for which the user does not own the copyright or have the legal right to make available; 

(p) Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. 

(q) Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of Paul Noia Design, Inc. or the party from whom such software may be licensed. 

(r) Upload, post or otherwise transmit or provide links to any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 

(s) Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of any Products and Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; 

(t) Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services; 

(u) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any Securities and Exchange Commission or similar body, and any regulations having the force of law. 

(v) "Stalk" or otherwise harass another; 

(w) Collect or store personal data about other users; 

(x) Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; 

(y) Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.

News Service
In addition to any other provisions contained in these terms of service, the following limitations and conditions shall apply to your use of our News Service and any portion, element, file, article or other data from the News Service (collectively referred to as the "News Service"). Paul Noia Design, Inc. has entered into agreements with one or more third party news providers ("News Provider(s)") to provide the News Service. Your use of the News Service must comply with the requirements of the News Providers as detailed below:

(a) You may use the News Service for news, editorial, and informational purposes only, as such you shall only have the right to display the News Service on your website, and in no other medium whatsoever,. You may not edit, abridge, rewrite, or in any way alter the content of the News Service except with the prior written consent of Paul Noia Design, Inc. and News Provider. If Paul Noia Design, Inc. or News Provider alters or revises the content of the News Service in any way, you shall remove the earlier version of the Product from your system, and use the revised version, as soon as you receive the revised version or as soon as you are instructed by Paul Noia Design, Inc. or News Provider to remove the earlier version, whichever is earlier. 

(b) You shall neither use, nor permit the use of the News Service, in any way that compromises the integrity thereof or which infringes any copyrights, trademark rights, or proprietary interests. You shall not remove News Provider copyright and credit lines from the News Service, nor take any action that would compromise any of Paul Noia Design, Inc’s. or News Provider’s rights in the News Service. 

(c) You acknowledge that all intellectual property rights, trademarks, logos, copyrights and trade secret rights, tangible and intangible, in the News Service, other than data in the public domain, belong to Paul Noia Design, Inc. and/or News Provider. You agree to cooperate with Paul Noia Design, Inc. and/or News Provider in protecting their copyright in the News Service. 

(d) You shall not distribute or in any way make available the News Service to newspapers, radio, or television stations, wire services, periodicals, news agencies, on-line services, or any party whose intent is to resell, redistribute, or republish all or any elements of the News Service. You shall stop any distributions to the unauthorized entities, mentioned above in this sub-section, immediately after such unauthorized use becomes reasonably known. You shall make a reasonable effort to know whether the above-mentioned entities are using the News Service without authorization. 

(e) You shall not separate any portion of the News Service from the original edition in which it was published, in order to republish product separately or in connection with a work other than the work in which it was first published. 

(f) You are prohibited from undertaking any of the following actions: 

i. licensing or selling any part of the News Service to any third party,
ii. making and retaining file copies of the News Service, other than for internal business use,
iii. editing, rewriting, or altering any part of the News Service in any way whatsoever, and
iv. assigning your agreement with Paul Noia Design, Inc. for any reason, to anyone, including but not limited to any parent, affiliated, or subsidiary organization, except with prior written permission from
Paul Noia Design, Inc. and News Provider. 

(g) You agree to comply and cooperate with any request by Paul Noia Design, Inc. or News Provider to remove or cease use of the News service, or any portion thereof, from the Distributor’s database, software and/or host system.]

Account Termination
Use of the Products and Services is subject to compliance with these Terms of Service. You acknowledge and agree that Paul Noia Design, Inc. may terminate your account and your access to any of the Products and Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Paul Noia Design, Inc. Any such termination shall be in Paul Noia Design, Inc’s. sole discretion and may occur without any notice. Paul Noia Design, Inc. further reserves the right to terminate any user’s account or access to the Products and Services for any conduct that Paul Noia Design, Inc., in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Paul Noia Design, Inc. or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Paul Noia Design, Inc. further reserves the right to terminate any user’s account and access to the Products and Services, and to remove and discard any Content, for any reason or for no reason at all, in Paul Noia Design, Inc’s. sole discretion, without prior notice, or any notice. 

In the event Paul Noia Design, Inc. terminates a user’s account for violating the Terms of Service, and that user is a paid client of Paul Noia Design, Inc., that client’s payment is not refundable. 

All mailings sent to you by Paul Noia Design, Inc. are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your account with Paul Noia Design, Inc. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your account with Paul Noia Design, Inc.. If you report any of these mailings or service notification emails, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your Paul Noia Design, Inc. account.

Limitation of Warranty
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, PAUL NOIA DESIGN, INC. DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, PAUL NOIA DESIGN, INC. DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. PAUL NOIA DESIGN, INC. SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAUL NOIA DESIGN, INC. DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. PAUL NOIA DESIGN, INC. DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. PAUL NOIA DESIGN, INC. DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. PAUL NOIA DESIGN, INC. MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY PRODUCTS AND SERVICES. 

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL PAUL NOIA DESIGN, INC. OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF THE PRODUCTS AND SERVICES OR RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF PAUL NOIA DESIGN, INC. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). 

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. 

SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THE PRODUCTS AND SERVICES OR TO PAUL NOIA DESIGN, INC. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. 

SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID PAUL NOIA DESIGN, INC. CLIENTS, PAUL NOIA DESIGN, INC’S. ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID CLIENT’S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL PAUL NOIA DESIGN, INC. OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING. 

UNDER NO CIRCUMSTANCES WILL PAUL NOIA DESIGN, INC. BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION. 

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

Indemnification
By using the Products and Services you agree to indemnify Paul Noia Design, Inc. and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Products and Services, or from any person’s use of any account or password you maintain with any of the Products and Services, regardless of whether such use is authorized by you. By using the Products and Services, you are hereby agreeing to release
Paul Noia Design, Inc. and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.

Governing Law
This agreement shall be deemed to have been made in the United States of America and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the United States of America without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the United States of America unless the said action is for the purpose of enforcing a Judgment already obtained in the United States of America.

Usage of Paul Noia Design, Inc. & Affiliate Servers
Paul Noia Design, Inc. and Affiliate servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

Right of Choice
Paul Noia Design, Inc. reserves the right to choose what clients it will serve and what clients it will not serve.