1 RELATIONSHIP

1.1 Noon Design Group, The Gift of Design and/or JMP Holding Group, LLC are collectively the Publisher of this Site and the offerors of the services and Services described on this website (collectively the “Services).
1.2 The Publisher is not acting as your employer, agent, contractor, licensee, employee or anything other than an independent party by its offering of the Services to you. Your participation in or procurement of any such Services is as an independent party not otherwise affiliated with Publisher, although there may be a separate writing between you and Publisher governing terms and conditions of ancillary services provided beyond the scope of those Services offered through this Website.
1.3 You agree that Publisher may provide notice to you by posting it on Publisher’s website, e-mailing it to the e-mail address provided by you to Publisher or be mailing it to the street address similarly provided directly by you to Publisher. Such notice shall be considered to be received by you within 24 hours of the time of such posting or other delivery.
1.4 Notices to Publisher must be sent via e-mail to info@thegiftofdesign.com.

2 WEBSITE CONTENT

2.1 All materials published on this website, any and all of the Services and any and all of the materials provided to you as a result of your ongoing relationship with Publisher (the “Materials”) are protected by international and U.S. copyright laws and are owned or controlled by Publisher. Users of the website and any party otherwise engaged in any commercial relationship with Publisher must abide by all additional copyright notices, information or restrictions contained in any content accessed through the Website or provided by or during any one of the offered Services.
2.2 THE GIFT OF DESIGN™, NOON™, and NOON DESIGN GROUP are trademarks of the Publisher or otherwise licensed to it and the Publisher reserves all rights to such trademarks under copyright, trademark and other applicable laws throughout the world. Any other proprietary rights in or to the Services, the concomitant materials, publications and/or the Website(s) are expressly reserved in perpetuity and without limitation to the Publisher.
2.3 The contents of the website, the Services and the Materials provided to you, whether directly or indirectly by the Publisher are intended for your personal, non-commercial use. You may download or copy the Materials for noncommercial purposes only, provided that you maintain all copyright and other notices contained therein. Any copying or storing of any Website content for any other purpose requires prior, written authorization directly and exclusively from the Publisher.

3 REPRESENTATIONS AND WARRANTIES

3.1 In no event shall the Publisher, its parent or affiliated companies, its employees or suppliers (collectively “Publisher”) be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with Publisher’s Website, Services or Materials, however arising, including negligence. Publisher’s liability to you or any third parties in any circumstance is limited to the actual amount of direct damages.
3.2 Publisher provides its website, Services and Materials as is and without any warranty or condition, express, implied or statutory. Publisher specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Publisher does not accept any responsibility for the accuracy, content, completeness, legality or reliability of the information contained on or within the Website, the Services or Materials.
3.3 Publisher cannot and will not guarantee that the Website(s), Services or Materials that may be electronically provided to you are free from computer viruses or anything else that has destructive properties. The Publisher will not be and is not liable under any circumstances for any loss or damage of whatever nature (direct, indirect, consequential or otherwise), whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) these Website(s), Services and/or Materials.

4 PRIVACY POLICY

4.1 Publisher has the highest respect for the information that you provide and endeavors to employ strict policies to protect it. Publisher is bound by internal controls and checks and balances are employed so that information under the Publisher’s direct control is treated with the utmost respect.
4.2 Publisher has created this privacy policy in order to demonstrate its firm commitment to the confidentiality and privacy of user information. This policy discloses how Publisher collects, protects and uses the information that it gathers in the hopes that this will increase your confidence in the Website(s) and the Services and enhance your Internet experience.
4.3 Publisher intends to give you as much control as possible over your personal information. In general, you can visit our web sites without telling us who you are or revealing any information about yourself. There are times, however, when we may need information from you, such as your name and e-mail address, to correspond with you or provide you with information regarding any of the Services in which you may express an interest. If you choose to give us personal information via the Internet, it is our intent to let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes.
4.4 To register for any Service that may be offered by Publisher on this website, Publisher may require you to provide information necessary to verify your identity or address or manage risk, such as your date of birth, social security number of other information.
4.5 When you access Publisher’s Website and/or avail yourself of those Services available via the Website, Publisher may place small data files called “cookies” on your computer. A cookie is an element of data that a Web site can send to your browser, which may then store it on your system. The Publisher uses cookies so that it can better serve you when you return to Publisher’s website and/or register for any additional Services. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
4.6 Publisher will not share, sell or rent your personal information without your permission or unless ordered by a court of law. The information you submit to Publisher is available only to employees who manage this information for the purposes of sending you marketing e-mail communications and to contracted service providers for the purposes of providing services related to our communications with you. Publisher uses security measures to protect against the loss, misuse or alteration of your information. Each of Publisher’s marketing e-mails, which may be sent separately from notices on Publisher’s website or in connection with your registering for a particular Program, includes a way for you to opt out (unsubscribe) from that particular communication or from all marketing e-mails sent by Publisher. Do not send Publisher any information via this Website that you or anyone else considers to be confidential or proprietary unless a separate agreement has been entered into between you and Publisher, or unless you specifically understand, acknowledge and agree that, while it will use its best effort to protect the confidentiality of such information, Publisher is unable to guarantee the integrity of any such information shared with it electronically.
4.7 Publisher does keep track of the domains from which people visit the Website for purposes of analysis of data for trends and statistics.

5 THIRD PARTY LINKS

5.1 Certain information or services offered or provided on or through the Website(s) and/or Services from time to time may be provided on or through websites or Services offered by third party providers. The Publisher is not responsible for the activities of any third party or the content of any third party websites, Services or publications, including a third party’s use of cookies or any other information (such as IP address, browser type or operating system) collected when you click through links to their sites or view advertisements. Links to such third party sites are not to be taken as an endorsement by the Publisher of the third party site or any products promoted, offered or sold on the third party site, or as an indication that such sites are free from computer viruses or anything else that has destructive properties.
5.2 Links are provided for your convenience only. Accessing links to third party websites or Services or other publications and use of or reliance upon third party material is solely at your own risk and the Publisher does not and will not at any time accept any responsibility or otherwise be liable for any loss or damage whatsoever that you may suffer as a result. This includes damages for loss of profits, business interruptions, lost data or any other direct, indirect or consequential damages in connection with your use, access or attempted access of any third party links or materials. Since the Publisher is not responsible for the availability of these outside resources or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of any such site.

If you need further assistance, please send an e-mail with your questions or comments to info@thegiftofdesign.com.