PRIVACY POLICY

Thank you for visiting www.noerrevents.com, operated by The Noerr Programs (“Noerr”).  By using and viewing websites operated by Noerr, including without limitation the content and functionality available at www.noerrevents.com ("Website"), you accept: (a) this Privacy Policy ("Privacy Policy"); and (b) the Terms of Use, found at the Website and incorporated herein by this reference. IF YOU CANNOT OR WILL NOT ABIDE BY THIS PRIVACY POLICY AND THE TERMS OF USE, YOU MAY NOT USE THE WEBSITE.

The Website allows users to purchase photos, media, cards, and other goods, products, and/or services offered by Noerr (collectively, “Products”), and to receive an electronic image of one or more certain photos for which they have paid, all in accordance with Noerr’s Terms of Use and this Privacy Policy (collectively, “Services”).  In the course of providing the Services, Noerr may gather information about you, including personal information.  Noerr is committed to protecting the privacy and security of the information it gathers about you and appreciates your trust that it will use and share such information carefully, sensibly, and in accordance with the terms of this Privacy Policy.

SPECIAL CONCERNS REGARDING CHILDREN

Noerr is very sensitive to privacy issues regarding children.  All children must have an appropriate parent or guardian’s consent prior to accessing the Website.  Children under 18 may not submit any personally identifiable information to us, and if we discover that we inadvertently gathered any such information from a child under 18, we will take appropriate steps to delete it.  We urge parents to regularly monitor and supervise their children’s on-line activities. 

PERSONAL INFORMATION

Noerr may receive and store any information you provide to us when you sign up for an account on the Website, use an account on the Website, receive Services, or otherwise interact with us.  Such information may include your name, email address, password, and other personal data.  We use such personal information to provide you certain services, including notice of special offers, contests, sales, and other promotional announcements and offers.  Unfortunately, if you choose not to provide certain information we might not be able to provide you certain services and you might not be able to take advantage of the Website.

NON-PERSONAL INFORMATION

Noerr receives and stores certain types of information whenever you interact with us.  For example, like many websites, we use “cookies” and “clear gifs” to obtain certain types of information when your web browser accesses the Website and we store non-personally identifiable information, such as browser types and internet service providers, in log files.

Cookies are very tiny text files that are stored on your computer when you visit certain web pages and that record your preferences.  We use cookies to provide you excellent service and greater convenience, and to optimize your experience on the Website.  Cookies do not contain any personal or private information.  You may choose to erase or block cookies from your computer, but the Website may not work correctly.

Aggregated Research Data

Noerr may use aggregated, anonymous statistical information collected from online surveys, online reviews, and use of the Website to further its business and/or the businesses of third parties.  We may share this information with our partners and advertisers.  However, such aggregated, anonymous statistical information does not include personally identifiable information about you or any other individual. 

THIRD PARTY ADVERTISERS

The Website may contain advertisements delivered to users by third party advertisers and advertising partners.  We share information about usage of the Website with third party advertisers and advertising partners for the purpose of targeting advertisements to users.  Cookies and clear GIFs may be used on the Website to target advertisements.  None of the information we share, none of the cookies used, and none of the clear GIFs used contain personally identifiable information.

Agents and Contractors

From time to time, we may enter agreements with other companies and individuals to perform various functions on our behalf.  In such instances, the parties with whom we enter agreements may have access to your personal information in order to perform their services.  We will attempt to limit use of your personal information by third parties, but we never have complete control over how such agents and contractors use your personal information.

Mergers, Acquisitions, and Affiliates

As we continue developing our business we may form relationships with affiliates.  We also may participate in corporate transactions such as mergers and acquisitions; it is possible that another company may acquire Noerr or its business assets (or a portion thereof) in the future.  In all such cases, personal information may be shared with the acquirer and/or other reputable parties involved in such relationships and transactions.

PARTICIPATING MERCHANT AND THIRD PARTY POLICIES

We do not have any control over the policies or practices of third parties (individuals, businesses, organizations, and others) that use our Website and we cannot be responsible for their actions.  We recommend that you always review the privacy policies and terms of use of third parties, and conduct such further investigations that you may deem necessary or advisable, before you provide any personal information or complete any transaction with such parties.  Please see Noerr’s Terms of Use to understand the disclaimers, waivers, indemnifications, and other matters involving your use of the Website and the relationship between that use and third parties.  Please note that, by using the Website, viewing this Privacy Policy, and/or logging into your Noerr account, you agree to abide by the Terms of Use.

SURVEYS

From time to time we may provide you the opportunity to participate in surveys on the Website.  If you choose to participate, we will request certain personally identifiable information from you.  The requested information typically includes contact and demographic information.  Participation in these surveys is completely voluntary.

Security

The security of your personal information is important to us.  When you enter sensitive information, we encrypt that information using secure socket layer technology (SSL).

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.  No method of transmission over the internet, or method of electronic storage, is 100% secure, however.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its security.

PRIVACY QUESTIONS

If you have any questions or concerns about privacy at Noerr, please contact us and we will try to answer your questions or otherwise resolve the matter to your satisfaction.

ANTI-SPAM POLICY

Noerr is firmly opposed to unsolicited commercial email (“spam”).  If you receive spam, please be assured Noerr did not provide your email address to the spammer.
 
Unfortunately, spammers nonetheless obtain email addresses in many different ways.  If you believe you have received unsolicited email from us, please contact us and we will investigate.  If you prefer not to receive any further communications from us, please just let us know and we'll do our best to ensure you never hear from us again.

LEGAL DISCLAIMER

Although we have attempted to address the various privacy-related issues you are likely to encounter, your private communications and other personal information could be disclosed in ways not otherwise described in this Privacy Policy. We cannot ensure that our privacy protection measures will protect your personal information.  Therefore, we do not promise, and you should not expect, that your personal information or private communications will always remain private from unauthorized access. 

By using the WEBSite you hereby release NOERR and its successors, AFFILIATES, manageRS, directors, officers, agents, and employees from any and all claims, demands, investigations, lawsuits, causes of action, DAMAGES, COSTS, EXPENSES, and liability, including but not limited to direct, indirect, incidental, special, punitive, and consequential damages, arising under any legal theory, including but not limited to contract, tort, strict liability, statutory, and equitable, and arising from any disclosure of your personal and/or private information, to the fullest extent permitted under applicable law.

PRIVACY POLICY CHANGES

Your contacts with Noerr and use of the Website are subject to this Privacy Policy.  Noerr may change the terms of this Privacy Policy at any time, in its sole discretion, without notice, consent, or any other restriction, and any such change shall be effective immediately upon being posted on the Website.  By using the Website and/or logging into your Noerr account, you consent to the Privacy Policy that is in effect at the time of your use of the Website.

Terms of Use

User Acceptance

1. Thank you for visiting www.noerrevents.com, operated by The Noerr Programs (“Noerr”).  By using and viewing websites operated by Noerr, including without limitation the content and functionality available at www.noerrevents.com ("Website"), you accept: (a) these Terms of Use ("Terms of Use"); and (b) the terms of the Privacy Policy, found at the Website and incorporated herein by this reference.  IF you cannot or will not abide by these Terms of Use and the Privacy Policy, YOU MAY NOT USE the Website.
2. Noerr reserves the right at all times to discontinue or modify any part of these Terms of Use, the Privacy Policy, and any related policies as it deems necessary or desirable in its exclusive discretion.  Any such modification(s) shall be deemed effective immediately upon their being posted on the Website.  Your continued use of the Website shall constitute an agreement to be bound by such modifications.  It is your responsibility to review from time to time and be familiar with the most up-to-date versions of the Terms of Use, Privacy Policy, and related policies.  We suggest that you revisit our Terms of Use, Privacy Policy, and related policies from time to time to ensure that you stay informed of any modifications thereto.  We also reserve the right to change or discontinue any aspect or feature of our services or the Website.

Website & Third Party Websites

1. These Terms of Use apply to all users and visitors of the Website, including without limitation users who purchase photos, media, cards, and other goods, products, and/or services through the Website (collectively, “Products”) and users who contribute content or information of any type to the Website, including without limitation name, shipping, and billing information (collectively, “User Content”).
2. The Website may contain links to third party websites that are not owned or operated by Noerr.  Noerr does not control and, therefore, assumes no responsibility for, the content, policies, or practices of any third party websites.  You hereby release Noerr from any and all liability arising from your use of any third party websites.
3. When you exit the Website, be sure to carefully review the terms and conditions and related policies of each third party website that you visit.

Noerr Accounts & User Registration

1. In order to create an account and purchase Products, you must be at least 18 years of age. You may not use another user's account without prior permission from that user. When creating your Noerr account, you agree to: (a) provide true, accurate, correct, and complete information; and (b) maintain and update such information as circumstances require. You are solely responsible for the activity that occurs on your account.  You must keep your account information and password secure. You agree that you will and must notify us immediately of any breach of security or unauthorized use of your Noerr account or password.
2. Noerr is not liable for any losses caused by any unauthorized use of your Noerr account.  You may, however, be liable for the losses of Noerr and others as a result of such unauthorized use.

Use of the Website
By using and accessing the Website, you agree to the following:

1. You may create only one account for your personal use, and you may use the Website only for your personal use and enjoyment. 
2. You will not use the Website, any Products purchased from the Website, or any Noerr content displayed on the Website for any commercial use without Noerr's express, advance written consent.  Prohibited commercial uses include without limitation:
1. selling and attempting to sell access to the Website and related services;
2. copying, reproducing, disseminating to others, and selling any Products or any User Content that is not your User Content;
3. using the Website and related services to obtain advertising or subscription revenue (including the sale of advertising on the Website);
4. using the Website for the purpose of offering or selling any type of product or service; and
5. using the Website or any of its contents to advertise or solicit for any business, political, civil, or religious purpose of any type whatsoever, or to compete directly or indirectly with Noerr.
3. You will not attempt to, engage in, or do any of the following:
1. distribute or duplicate any part of the Website (regardless of medium or format) without Noerr's prior written consent;
2. modify the Website, including but not limited to Noerr's web tools and any related technologies;
3. access Site Content (defined below) through any technology or means other than with the pages of the Website itself or other means Noerr may make available;
4. take any action that places excessive demand on Noerr’s services, or that imposes or may impose an unreasonable or disproportionately large load on our servers or other portions of our infrastructure;
5. access data not intended for you, such as logging into a server or account which Noerr has not authorized you to access or which does not belong to you;
6. exceed or attempt to exceed quantity limits when purchasing Products through the Website or resell any Products purchased through the Website;
7. interfere with service to any user of the Website in any manner, including without limitation by submitting a virus to the Website or overloading, flooding, spamming, mail bombing, or crashing the Website;
8. aggregate any content on or accessible from the Website with material from other websites without Noerr’s permission;
9. make any use of the Website that violates any third party’s rights in and to such third party’s intellectual property;
10. use or launch automated scripts (including "robots," "spiders," "WebCrawler's" or "offline readers") that access the Website in a manner that delivers more messages than a human can produce using an on-line web browser;
11. collect or harvest any personally identifiable information, including without limitation account names, passwords, addresses, payment information, and User Content, from the Website;
12. disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict use or copying of any Site Content or User Content and features that enforce limitations on use of the Website or the Site Content therein;
13. scan or test the security or configuration of the Website or breach the Website’s security and authentication measures;
14. tamper or interfere, in any manner, with the proper functioning of any part, page, or area of the Website or other functions, services, or content provided by Noerr;
15. make any use of the Website and related services that Noerr determines, in its sole discretion, to compete with or displace the market for Noerr or the Website; or
16. take any other action inconsistent with the letter or spirit of these Terms of Use.
4. If you use web tools made available by Noerr, you agree that bug fixes, enhanced functions, new software modules, and completely new versions of Noerr web tools may be required from time to time. You agree to receive, download, and install such updates (and permit Noerr to deliver these to you).
5. You agree to abide by all of the Terms of Use and all applicable international, federal, state, and local statutes, rules, regulations, directives, and other laws.
6. The content available at the Website, including without limitation, any text, software, scripts, graphics, photos, sounds, music, videos, interactive features, trademarks, service marks, and logos contained therein, but excluding User Content (collectively "Site Content"), is owned by Noerr (or licensed by Noerr to operate the Website), is protected under U.S. copyright laws, and shall not be altered, modified, compromised, or reverse engineered in any way.  Site Content is provided to you "as is" and use of Site Content is restricted solely to personal use and may not be used for any other purpose without Noerr's express, advance written consent. Subject to the permitted uses provided herein with respect to Site Content and User Content, Noerr reserves all right, title, and interest in and to the Site Content.  You may download, print, and/or save copyrighted material for your personal use only.  Except as otherwise expressly stated under copyright law, no copying, distribution, retransmission, publication, or commercial exploitation of downloaded materials without the express permission of Noerr or the copyright owner is permitted.

Availability of the Website and Transmission of Information

1. You acknowledge that there may be interruptions in service or events that are beyond Noerr’s control.  While we use reasonable efforts to keep the Website accessible, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance.
2. You understand and acknowledge that due to circumstances both within and outside of our control, Website access may be interrupted, suspended, or terminated. Noerr retains the right at its sole discretion to deny service and access to the Website, to anyone and any account, at any time and for any reason.
3. Because we do not control the security of the Internet or other networks you use to access the Website, we can’t be, and are not responsible for, the security of information that you communicate with Noerr and the Website while it is being transmitted.  In addition, Noerr is not responsible for any data lost during transmission.

Terms of Sale

1. The Website offers the Products for purchase.  Users wishing to purchase Products from the Website shall be solely and exclusively responsible for reading the Website, including but not limited to any Product descriptions, and making their selection.  Noerr provides a link to a “Contact” page that allows users to ask questions, should they have any questions, about Noerr or the Products.
2. After you select which Product(s) you would like to purchase and provide all required information, including but not limited to payment information, you will be charged for such Product(s) and the sale will be final and irrevocable.  You are not entitled to a refund for any reason whatsoever, including by way of example and not limitation accidentally selecting the wrong Product(s), changing your mind regarding your purchase, failing to take photos or otherwise use the Product(s) you purchase, inclement weather, failure of the mall to operate, long lines waiting to take photos, discontent with the Product(s), or any other reason.

Account Termination Policy

1. In accordance with the Digital Millennium Copyright Act ("DMCA") and any other applicable laws, Noerr may terminate your access to the Website, including closing your Noerr account, if Noerr determines in its sole discretion that you have infringed another party's intellectual property rights.
2. Noerr has the right (but not the obligation) to monitor and/or filter any of your communications through the Website and to disclose any User Content or any communication through the Website, and the circumstances surrounding the transmission thereof, to any third party, in order to: (a) operate the Website; (b) protect Noerr and its employees, officers, directors, shareholders, agents, representatives, and attorneys, and the Website users and visitors; (c) comply with legal obligations or government requests; and (d) enforce these Terms of Use.

Digital Millennium Copyright Act

1. If you are a copyright owner and believe that any User Content or other content found on the Website infringes upon your copyright(s), you (or your agent) may send Noerr notice pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA") requesting that Noerr remove the material or restrict access to it.
2. If you believe that your User Content has been removed or disabled pursuant to a DMCA-related removal request, but does not infringe the rights of a third party or is posted and used with the authorization of the copyright owner, authorization of the copyright owner’s agent, or pursuant to the law, you may send a counter-notice to Noerr.  If you wish to send a notice or counter-notice to Noerr, please visit http://copyright.gov/ for details.  All notices, counter-notices, and complaints should be sent to Noerr at the following address: The Noerr Programs, 6632 Fig Street, Arvada, CO 80004, Attn: Philip Byrne.

Warranty Disclaimer
USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOERR, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AND AGENTS DISCLAIM ALL WARRANTIES OF EVERY TYPE AND NATURE WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. 
Limitation of Liability
IN NO EVENT SHALL NOERR, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, PARTNERS, AGENTS, AND ATTORNEYS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) USE OF THE WEBSITE OR ANY RELATED SERVICES OR PRODUCTS OF ANY NATURE WHATSOEVER OFFERED BY NOERR;  (B) ERRORS, MISTAKES, OR INACCURACIES OF SITE CONTENT; (C) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/OR (E) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Website is controlled and offered by Noerr from its facilities in the United States of America.  Noerr makes no representation that the Website is appropriate or available for use in other locations and you are responsible for compliance with local law.
Waiver and Indemnity
You hereby release and waive, and agree to indemnify, defend, and hold Noerr, its subsidiaries and affiliates, and each of their officers, directors, employees, contractors, partners, agents, and attorneys harmless from and against, any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or in connection with: (a) your use of and access to the Website, the Site Content, and/or any related products or services of any type whatsoever offered by Noerr; (b) your violation of any term of these Terms of Use; (c) your violation of any third party right; (d) any claim that your User Content caused damage to a third party; and (e) your use of any third party’s website. Your defense, indemnification, and hold harmless obligations will survive these Terms of Use and your use of the Website.
General
You agree that: (a) these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Noerr without restriction; (b) the Website shall be deemed solely based in Colorado; and (c) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Noerr, either specific or general, in jurisdictions other than Colorado. These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and Noerr that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Denver County, Colorado. These Terms of Use, together with Noerr 's Privacy Policy and any other legal notices published by Noerr on the Website, shall constitute the entire agreement between you and Noerr concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Noerr's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  YOU AND NOERR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.