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Terms and Conditions
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Your use of this website constitutes your agreement to abide by the Terms and Conditions
of the Website Usage and Information Agreement below. Please
take some time to review them. If you do not agree with the Terms and Conditions
then do not use the mynoahs.com website.
Your use of the Noah's facility is subject to the Booking Agreement
as outlined below. Before confirming your reservation you will be required to accept
the terms of the Booking Agreement.
Website Usage and Information Agreement
Noah Corporation, a Utah corporation ("Noah,” "we,”
"us,” or "our”), is committed to protecting your privacy
and ensuring that you have a positive experience on this Website. We strive to do
everything we can to protect the privacy of our users. This policy outlines our
personal information handling practices for both online and offline data. If you
give us personal information, we will treat it according to this policy. By using,
viewing, transmitting, caching, storing and/or otherwise utilizing this Website,
the services or functions offered in or by this Website and/or the Content of this
Website in any way, you have agreed to each and all of the terms and conditions
set forth below, and waive any right to claim ambiguity or error in this Usage Agreement.
If you do not agree to each and all of these terms and conditions please do
not use this Website and leave this Website immediately. We reserve
the right, at our sole and absolute discretion, to change, modify, add, or remove
portions of these terms at any time without notice and, unless otherwise indicated,
such changes will become effective immediately; therefore, please check these terms
periodically for changes. Your continued use of this Website following the posting
of changes to this Usage Agreement will mean you accept those changes. Please print
and retain a copy of this Usage Agreement, as it may be changed from time to time,
for your records.
This Website and the materials located on or through this Website are provided by
us for informational purposes only. The information contained in or through this
Website is based upon sources believed to be accurate and reliable, and we have
exercised reasonable care to assure the accuracy of the information. However, we
make no representation or warranty as to such accuracy. For all of the above reasons,
you should consult your own attorney or other appropriate professional for advice
concerning the terms and conditions of this Usage Agreement and/or compliance with
any legal requirement.
Personal use. This Website may not be used by you for any reason
other than to book reservations, view the Content, as defined below, or make legitimate
inquiries to Noah.
Unauthorized use. Unless otherwise provided herein, or unless specific
applicable law requires Noah to allow you to do so, you may not do any of the following
without the prior written consent of Noah:
- Use this Website for the transmission of any material that is unlawful, harassing,
libelous, invasive of anotherÂ’s privacy, abusive, threatening, harmful, vulgar,
obscene, tortious, pornographic, or otherwise objectionable, or that infringes or
may infringe the intellectual property or other rights of another or for the transmission
of any material that could constitute or encourage conduct that would be considered
a criminal offense, give rise to civil liability, or otherwise violate any law;
or for any other purpose that is unlawful or prohibited by this Usage Agreement;
- Directly or indirectly interfere or attempt to interfere with the proper working
of this Website, any account, or any communication or transaction being conducted
on our Website;
- Use any robot, spider, other automatic device, or manual process to monitor or copy
our web pages or the Content without our prior expressed written permission;
- Use or disclose (to anyone except Noah) any information you obtain about any other
third party that may use or access the Website or that you obtain from Noah;
- Conduct fraud, hide or attempt to hide your identity, represent yourself as someone
else, or manipulate or attempt to manipulate prices, compromise or attempt to compromise
the security of any account, or interfere or attempt to interfere with the proper
working of this Website;
- Copy, reproduce, upload, post, display, republish, distribute or transmit any part
of the Content (as defined below) in any form whatsoever;
- Reproduce the Content (as defined below) on your website using any device including,
but not limited to, use of a frame or border environment around this Website, or
other framing technique to enclose any portion or aspect of this Website, or scrape,
mirror or replicate any portion of this Website;
- Modify, translate into any language or computer language, or create derivative works
from, any Content (defined below) or any part of this Website;
- Reverse engineer any part of this Website;
- Sell, offer for sale, transfer, or license any portion of this Website in any form
to any third parties; or
- Upload or transmit to this Website or use any device, software or routine that contains
viruses, Trojan horses, worms, time bombs, or other computer programming routines
that may damage, interfere or attempt to interfere with the normal operation of
our Website, or appropriate this Website, or take any action that imposes an unreasonable
or disproportionately large load on our computer equipment or infrastructure, or
that infringes upon the rights of a third party.
Testimonials and Customer Feedback. Noah sometimes receives testimonials
and comments from Website users wishing to share their experiences with our services.
Noah may publish such content from time to time. By submitting such testimonials
and comments, you grant Noah permission to publish such content at its discretion.
Personal Information. We will only use your personal information
pursuant to the terms and conditions of this Usage Agreement (as may be amended
from time to time). Some of the ways we may use your personal information include:
- To create personal profile areas.
- To contact you, and provide you with billing or other information.
- To provide customer feedback and support.
- To conduct questionnaires and surveys in order to provide better products and services
to our customers. Your completion of any questionnaires is voluntary.
- To meet contract obligations.
Sharing Personal Information. Noah will not sell, share, or provide
personal information that you voluntarily supply either while on the www.mynoahs.com
website or in responding via email in connection with a feature provided on the
www.mynoahs.com website to or with any third party, except as provided for herein.
We may share your personal information with authorized third-party agents or contractors
in order to provide a requested service or transaction. For example, if we need
to ship something to you, we must share your name and address with a shipping company.
We only provide third-party agents with the minimum amount of personal information
necessary to complete the requested service or transaction.
By disclosing your personal information, you grant us permission to disclose your
personal information in connection with responding to subpoenas, court orders, or
other legal process. We may also share your personal information within Noah and
its affiliates for purposes of data processing or storage. Furthermore, we may collect
and possibly share personal information and any other additional information available
to us in order to investigate, prevent, or take action regarding illegal activities,
suspected fraud, situations involving potential threats to the physical safety of
any person, violations of Noah's terms of use as disclosed in, among other places,
the Booking Agreement, or as otherwise required by law.
Security of Personal Information. Noah is committed to protecting
the personal information you share with us. We utilize a combination of security
technologies, procedures, and organizational measures to help protect your personal
information from unauthorized access, use or disclosure. When we transfer sensitive
personal data (for example, credit card information) over the Internet, we protect
it using sophisticated encryption technology. While we strive to protect your personal
information once we have received it, we cannot ensure the security of the information
you transmit. We recommend you to take every precaution in protecting your personal
information when you are on the Internet. For example, change your passwords often,
use a combination of letters and numbers when creating passwords, and make sure
you use a secure browser.
Cookies. We use cookies to record session information and to track
a user's path through our Website's pages. This enables us to respond to any problems
with our service and to offer a more personalized service. We also use cookies to
deliver banner advertisements that are appropriate to each visitor, but these do
not uniquely identify our visitors in any way. If you choose to disable cookies
on your browser, our Website may not function correctly and you will not be able
to book any rooms.
Information about Secure Ordering Online. We are committed to ensuring
the security and privacy of information supplied by our customers. The www.mynoahs.com
website uses a secure server that encrypts all your credit card information to ensure
that no one else can view the details. The security of the connection will be confirmed
by the presence of the padlock icon in the lower right hand corner or lower left
hand corner of your browser.
Linked Websites. Our Website may provide links to other third-party
websites which are outside of our control and not covered by this policy. We encourage
you to review the privacy policies posted on these sites.
Children's Privacy. Noah does not knowingly collect personal information
from children under the age of 13. If we learn that we have collected personal information
on a child under the age of 13, we will delete that data from our systems. Noah
encourages parents and guardians to go online with their children. Here are a few
tips to help make a child's online experience safer:
- Teach children never to give personal information (such as name, address, phone
number, school, etc.), unless supervised by a parent or responsible adult.
- Know the sites your children are visiting and which sites are appropriate.
- Look for website privacy policies. Know how your child's information is treated.
Ownership Relating to Noah Website. All of the material included
on this Website, including but not limited to trademarks, text, graphics, logos
and service marks (collectively, the "Content"), is the property of Noah
or other parties. U.S. and international copyright laws protect all of the Content
available on this Website. Your use of this Website does not transfer to you any
ownership or other rights in the service or the Content of this Website. You may
download the Content displayed on this Website for your personal, noncommercial
use only, provided you also retain all copyright and other proprietary notices contained
on the Content. You may not modify, copy, distribute, transmit, display, publish,
sell, license, or create derivative works using any of the Content for commercial
or public purposes.
If you believe that the Content posted on this Website infringes any of your intellectual
property rights or the intellectual property rights of any third party, you must
promptly provide the following notice in writing to Noah at www.mynoahs.com: (1)
a physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (2) identification of the
copyright work claimed to have been infringed, or, if multiple copyrighted works
are covered by a single notification, a representative list of such works; (3) identification
of the material that is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be disabled, and information
reasonably sufficient to permit us to locate the material; (4) information reasonably
sufficient to permit us to contact you; (5) a statement that you have a good faith
belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent or the law; and (6) a statement under penalty of
perjury that the information in the notification is accurate and that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
Disclaimer. ELECTRONIC TRANSMISSIONS, INCLUDING THE INTERNET, ARE
PUBLIC MEDIA, AND ANY USE OF SUCH MEDIA IS PUBLIC AND NOT PRIVATE. INFORMATION RELATED
TO OR ARISING FROM SUCH USE IS PUBLIC, OR THE PROPERTY OF THOSE COLLECTING INFORMATION,
AND NOT PERSONAL OR PRIVATE INFORMATION.
YOU AGREE THAT YOU USE THIS WEBSITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND
MATERIALS IN THIS WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY.
WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY,
RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN
THIS WEBSITE OR ANY WEBSITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY,
CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THIS WEBSITE OR THE SERVICES, CONTENT,
MATERIALS OR FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE CONTINUOUSLY AVAILABLE,
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE,
SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THIS WEBSITE OR SUCH SERVICES,
CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS
OR PRODUCTS AVAILABLE THROUGH THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION TO ANY OF YOUR COMPUTERS OR OTHER EQUIPMENT. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. In the event we are held liable for any damages related to such matters,
your sole and exclusive remedy will be limited to a credit in the amount of any
rental fee paid by you, less any applicable penalty. You hereby waive any and all
rights to bring any claim or action related to such matters in any forum beyond
one (1) year after the first occurrence of the kind of act, event, condition or
omission upon which the claim or action is based. Although we intend that all descriptions
contained in this Website be current and accurate, we make no warranty or representation
that descriptions in this Website are accurate, complete, current, or reliable in
any or all respects.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY
OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON
THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE. WE WILL NOT BE LIABLE FOR THE
PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION,
DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION, OR ANY OTHER
CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE WEBSITE, OR OTHERWISE CONNECTED
WITH YOUR USE OF THE WEBSITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR ANY AFFILIATE
WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION
OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT
NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE, OR TO
DENY ACCESS TO THE WEBSITE TO ANYONE AT ANY TIME. NEITHER WE NOR ANY AFFILIATE SHALL
HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE
WEBSITE.
Questions or Comments. Should you have any additional privacy-related
questions or comments related to this privacy policy, please contact Noah's at comments@mynoahs.com
or 1441 W. Ute Blvd, Suite 100, Park City, UT 84068.
Booking Agreement At a Glance
These Booking Agreement highlights do not replace the Booking Agreement of Noah
Corporation ("Noah"), but are meant to merely summarize its principal contents.
It is your responsibility to read, understand, and agree to the terms of the entire
Booking Agreement before finalizing a reservation.
Reservation/Use of Property. details...
- Use of property must be consistent with the intended purposes of your reservation.
- You assume full responsibility for the use of the property by you and your guests.
- You may not exceed the occupancy levels listed on the Noah’s website.
- Children under the age of 14 must be supervised by an adult at all times.
Prohibited Activities. The following is a summary of activities
you may NOT DO in any part of the Noah Facility. See the Booking Agreement for a
complete list and details.
- Use tobacco of any kind (smoking or chewing).
- Possess or use explosives or fireworks of any kind (see the Booking Agreement for
details).
- Possess, use, distribute, or sell illegal drugs.
- Possess or use weapons.
- Engage in fighting (organized or not).
- Post, advertise, view, or transmit pornographic, indecent, or sexually explicit
materials.
- Promote or participate in lewdness, indecency, nudity, or other sexual behavior.
- Engage in gambling.
- Bring any animal onto the property, except for service animals (such as guide dogs).
- Move or rearrange fixtures, furnishings, furniture, or other items on the Property.
- Damage fixtures, furnishings, furniture, or other items on the Property.
Video Recording and Surveillance. Noah reserves the right to create
and retain video recordings of all activities at the Noah Facility. see exceptions
and details...
Fees. In order to secure your reservation, a deposit or up to the full amount is required.
If you are booking 6 months or more before your event date a minimum of 25% deposit is due with
3 consecutive payments of 25% spread over 120 days from the time of booking. If you are reserving within 6 months
of your date a minimum of 50% is due with the remaining due no later then 90 days before your event date. All reservations
under $1,000 must be paid in full at the time of booking. All reservations must be paid in full no later then 90 days before the event
date. The rental fee and any applicable sales tax, as displayed on Noah’s website, must
be paid by you by credit card. You authorize Noah to maintain an open account on
your credit card.
The rental fee and any applicable sales tax, as displayed on Noah’s website, must
be paid by you by credit card. You authorize Noah to maintain an open account on
your credit card. details...
Cancellations and No Refund Policy. Noah does not issue refunds.
If you cancel your reservation more than 90 days before the reservation date and your event is paid in full, Noah
shall issue a Building Credit for the rental fee. If you cancel 90 days or less
before the reservation date or you are not paid in full, you will forfeit the rental fee.
details...
Customer Property. You assume all risk of damage to your property
at the Noah Facility. details...
Liability. You and your guests use the property at your own risk,
and assume all risk with respect thereto. For complete details of release, indemnification,
limitations of liability and other legal considerations, please see the
Booking Agreement.
Booking Agreement
(See Booking Agreement At a Glance for highlights.)
Before you are able to proceed with your reservation on www.mynoahs.com (this “Website”),
please review the terms and conditions contained in this Booking Agreement (this
“Booking Agreement”). Please note that you will not be permitted to make a reservation
with Noah Corporation, a Utah corporation ("Noah," "we," "us," or "our"), unless
you agree to the terms and conditions contained in this Booking Agreement.
Upon your review of the terms and conditions of this Booking Agreement, please demonstrate
your consent to be bound by this Booking Agreement by clicking "I Agree". By clicking
"I Agree" at the time of booking you acknowledge that you have read, understood
and agree to comply with this Booking Agreement.
Reservation/Term. By navigating and completing the pages of our
Website, you have started the process of making a reservation (the "Reservation")
to use certain rooms (and equipment contained therein) (collectively, the "Property")
at one of Noah’s facilities (the "Noah Facility"). You acknowledge that this Website
is available only to individuals and entities that can form legally binding contracts
under applicable law. You must be eighteen (18) years of age or older to make a
reservation on this Website. If you are under the age of eighteen (18) and want
to make a reservation please contact us directly at 1-800-696-6247. The services
offered by this Website are not available to minors unsupervised by an adult.
Use of the Property. You acknowledge
that your use of the Property is subject to all applicable local, state, national
and international laws and regulations, including with respect to the location and
jurisdiction of the Property. Your use of the Property must be lawful and consistent
with the Intended Purposes, as defined below. In any event, you hereby acknowledge
that under certain circumstances you may forfeit the entire Rental Fee (as defined
below). Under no circumstances are you allowed to sublet the Property to any third
parties. The Property may only be used by you and your invitees, relatives and friends
whom you permit to access, use, occupy or enter the Property (your "Permitted Invitees")
for the purpose(s) discussed at the time of booking (the "Intended Purpose"). Notwithstanding
anything herein to the contrary, you assume full responsibility for the use of the
Property by you and your Permitted Invitees. You and your Permitted Invitees shall
not enter areas of the Noah Facility that you have not reserved, or that are indicated
as being closed to the public. Noah shall not be responsible for death, personal
injury or loss or damage to property suffered by you or any Permitted Invitees in
such areas. The number of occupants you may have on the Property must not exceed
the maximum number of occupants for the Property listed on our Website. Children
under the age of 14 must be supervised by you or an adult Permitted Invitee at all
times. You and your Permitted Invitees agree to not use the Property for any other
purpose other than the Intended Purpose. If during your use of the Property you
or any of your Permitted Invitees use the Property for any purpose that Noah deems,
in its sole discretion, is not reasonably related to the Intended Purpose, Noah
reserves the right to require you or any of your Permitted Invitees to leave the
Property. In addition, you or your Permitted Invitees may also be asked to leave
the Property if Noah determines, in its sole discretion, that you or your Permitted
Invitees are, among other things, not complying with this Booking Agreement, causing
a disturbance, annoying other guests or Noah employees, or destroying or vandalizing
the Property. If you or any of your Permitted Invitees is asked by Noah to leave
the Property, you agree to leave immediately, and cause your Permitted Invitees
to leave immediately, as the case may be, and acknowledge that you shall not receive
a refund or a Building Credit (as defined below) for any unused portion of your
Reservation.
Prohibited Activities. You
acknowledge that neither you nor your Permitted Invitees are permitted to do any
of the following while on the Property or any other part of the Noah Facility or
in the parking lot of the Noah Facility:
- Use tobacco of any kind (smoking or chewing) outside of the designated areas.
- Possess and/or use explosives or fireworks of any kind, including, but not limited
to, legal and illegal fireworks, sparklers, firecrackers, or similar items. (See
Parking Lot section below for details).
- Possess and/or use confetti, Silly String (or like products), fog machines, or glitter
of any kind.
- Possess, use, distribute, and/or sell illegal drugs and illegal drug paraphernalia.
- Possess and/or use weapons of any kind, including, but not limited to, handguns,
shotguns, knives, etc.
- Engage in fighting (organized or not), violence, horseplay or harassment of any
kind with respect to anyone.
- Conduct any acts that are criminal or tortious in nature.
- Promote illegal behavior, or do anything to enable illegal acts to be performed.
- Post, advertise, view, or transmit any pornographic, indecent and/or sexually explicit
photographs, videos, or material.
- Promote or participate in any lewd, indecent, or other sexual behavior, including,
but not limited to partial or full nudity.
- Intentionally cover any advertising or promotional materials put in place by Noah.
- Perform any act on the Property that could be considered a nuisance to any third
party on or near the Property.
- Engage in gambling of any kind.
- Bring a pet onto the Property, except for service animals (such as guide dogs).
- Move or rearrange fixtures, furnishings, furniture, or other items of removable
personal property on the Property.
- Damage fixtures, furnishings, furniture, or other items on the Property.
- Use candles not properly contained in a vessel taller than the candle itself and
built to catch all drippings.
You assume full responsibility for yourself and any attendees who engage in a prohibited
activity and shall pay a minimum $200.00 fine to Noah in addition to paying for
any and all damages caused by such prohibited activity and any government-imposed
fines. You shall also pay the cost to repair or replace, as determined in Noah’s
sole discretion, any property damaged by you or any of your attendees while using
the Noah Facility. All amounts owed to Noah pursuant to this Booking Agreement,
due to engaging in prohibited activities or otherwise, may be charged to the responsible
party’s credit card. (See Violation Details Section below).
Parking Lot. Sparklers and decoration of cars are permitted only
upon Noah’s express written authorization. If permitted, sparklers must be kept
exclusively outside the building and must be collected and extinguished thoroughly
in a bucket of water by a member of the invited party. Car decorations must be cleaned
up completely after the car has left, and must be done so as to not interfere with
or cause damage to other cars on the property.
Alcoholic Beverages. At all functions that are catered at the Noah
Facility at which alcoholic beverages are served, you will ensure that all alcohol
is controlled and served solely by an approved member of Noah’s Recommended Professionals
Bar Tending service who is properly licensed and insured.
You will be responsible for exercising reasonable care in your service of alcohol
to attendees by (i) complying with all applicable laws pertaining to the service
of alcoholic beverages, (ii) not serving alcohol to attendees under the legal age
limit, which will require you to verify the age of any attendee who seeks to obtain
alcoholic beverages, and (iii) declining to serve any attendees whom you believe
have had too much to drink.
You hereby indemnify, defend, and hold harmless Noah, its directors, officers, employees,
agents, and shareholders from and against any and all losses, damages, claims, expenses,
and liabilities of any kind, including the costs and defense thereof, caused by
or arising from your sale or service of alcoholic beverages.
Security. At Noah’s sole discretion, a security force (referred
to herein as "Security) may be required during the Reservation. The fee for hiring
Security may be charged to your Open Account, and Noah will make the appropriate
Security arrangements. Noah reserves the right to require Security and collect all
accompanying charges at any time after the Reservation has been made and before
the day of the Reservation.
Video Recording and Surveillance.
Noah reserves the right to create and retain video recordings of all activities
at the Noah Facility for customer service, security, operational, and other lawful
purposes. However, in no case shall Noah record activities of you or your Permitted
Invitees in restrooms, changing rooms, or in the bride’s room. Noah will not use
any recordings of you or your Permitted Invitees for commercial gain without your
prior written consent. You consent to being recorded while at the Noah Facility,
pursuant to the terms set forth herein. For clarification of our recording procedures,
please contact us at comments@mynoahs.com or at PO Box 1289 Riverton, UT 84065.
Fees. In order to secure your reservation, a deposit or up to the full amount is required.
If you are booking 6 months or more before your event date a minimum of 25% deposit is due with
3 consecutive payments of 25% spread over 120 days from the time of booking. If you are reserving within 6 months
of your date a minimum of 50% is due with the remaining due no later then 90 days before your event date. All reservations
under $1,000 must be paid in full at the time of booking. All reservations must be paid in full no later then 90 days before the event
date. The rental fee (referred to herein as the "Rental Fee") as displayed on our Website must be paid by you by credit card.
You hereby authorize Noah to maintain an open account on your credit card (your
"Open Account"). You hereby agree that Noah may, in its sole discretion, charge
your Open Account to compensate Noah for, among other things, (i) damages to the
Property caused by you or by your Permitted Invitees, and (ii) any unauthorized
use of the Noah Facility and/or Property by you or any of your Permitted Invitees
including, but not limited to, use of the Noah Facility that is not in consistent
with the Reservation for any reason, including, but not limited to, permitting excess
Permitted Invitees to use the Reservation. In addition, you are not permitted to
allow more Permitted Invitees to utilize the Reservation than is currently allowed
for in the Reservation. Such maximum number of Permitted Invitees per use is located
in this Website. If Noah becomes aware of any such misuse or similar misuse of its
facility, you hereby authorize Noah to charge your Open Account for the increase
in price, if any.
Noah reserves the right to make any payment arrangements it sees fit. Any payment
arrangements made must be settled and paid in full 90 days after making the Reservation,
or 90 days before the date of the Reservation, whichever comes first.
You agree to keep your Open Account accessible to Noah. If for any reason your Open
Account is closed, for example by the cancellation or expiration of your credit
card, you hereby agree to notify Noah within 48 hours and to create another Open
Account with a valid credit card. If for any reason Noah is unable to charge to
your Open Account any amount owing hereunder, you agree to pay Noah such owing amount
within five (5) business days of written or verbal notification of such owing amount.
Cancellations and No Refund Policy.
You agree that under no circumstances is Noah under any obligation to issue a cash
refund to you of the Rental Fee or any other fee you are required to pay to secure
the Reservation. If you choose to cancel your Reservation you must call Noah at
800-696-6247 and make specific reference to your reservation number. In the event
that you choose to cancel your Reservation, Noah shall issue a Building Credit (a
"Building Credit") that shall be the net amount of (i) the Rental Fee and any other
fee(s) you are required to pay to secure the Reservation less (ii) any applicable
penalty (the "Penalty"), as listed in the table below:
|
Number of Days Cancelled Before the Date of the Reservation
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Percent of Rental Fee Forfeited or Dollar Amount Penalty
|
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More than 90 days
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No Penalty
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90 days or less
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100% of Rental Fee
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If the Rental Fee is not paid in full at the time of cancellation, no Building Credit
will be issued for any amount. A Building Credit may be used at the Noah Facility
where the Reservation was secured and will have an expiration date of one (1) year
from the date of issuance. Noah, in its sole discretion, may waive or offset the
Penalty if the Property you reserved can be rented by Noah to another party. For
example, if you cancel the Reservation ninety (90) days or less before the date
of the Reservation, the Penalty is 100% of the Rental Fee; however, if Noah can
rent the Property for an amount equal to or greater than the Rental Fee it may,
in its sole discretion, offer you a Building Credit in an amount up to the Rental
Fee. However, in no case is Noah obligated to commence or engage in any acts that
are outside its normal course of business to locate a third party to make such a
reservation. In addition, Noah will not under any circumstances issue a full or
partial refund if for any reason the number of Permitted Invitees that actually
utilize the Noah Facility under the Reservation is less than the number identified
in the Reservation.
Property and/or Equipment Unavailability. In the event that the
Property you agree to rent becomes unavailable due to circumstances in Noah’s control,
such as mechanical failures or double booking, Noah will use its best efforts to
offer to you suitable alternate accommodations of equal or greater value (the “Alternate
Accommodations”). Should Noah offer the Alternate Accommodations, you may choose
to accept the Alternate Accommodations in place of the originally booked Property,
but are not obligated to do so. If Noah fails to offer Alternate Accommodations,
or if you decline the Alternate Accommodations, Noah will issue you a Building Credit
equal to the Rental Fee (useable at the Noah Facility where the Reservation was
secured), and Noah will have no additional obligations to you upon issuance of such
Building Credit.
In the event that the Property you agree to rent becomes unavailable due to weather,
acts of God, or other circumstances outside Noah’s control, Noah will not be required
to give a Building Credit to you or offer Alternate Accommodations, and Noah will
have no additional obligations to you.
Notwithstanding anything to contrary herein, by consenting to this Booking Agreement,
you hereby agree that you will not hold Noah liable for any damages you or your
Permitted Invitees may incur from any unavailability of the Property or by your
rejection of the Alternative Accommodations.
Customer Property. Customer
hereby assumes all risk of damage to Customer’s property at the Noah Facility, including
but not limited to equipment, presentation materials, personal items, or other personal
property brought upon or stored at the Noah Facility by Customer, and Customer is
responsible for insuring such property at Customer’s sole expense. Customer expressly
releases Noah from and waives all claims against Noah for any and all liability,
loss, injury or damage to Customer’s property from any cause whatsoever. Customer
hereby holds Noah harmless from liability for injury to the Customer’s business
or damage to the Customer’s property or any loss of income therefrom, whether such
damage or injury is caused by fire, steam, electricity, gas, water or rain, or from
the breakage, leakage or other defects of sprinklers, wires, appliances, ventilation,
heating, plumbing, air conditioning or lighting fixtures, or from any other cause.
Customer shall defend and indemnify Noah against any claim by a third party for
damage to or loss of property stored by or brought upon the Noah Facility by Customer.
Recommended Providers. Any products and/or service provider listed
on this Website, or any list of products and/or service providers that we have or
may provide to you (each a “Recommended Professional”, and collectively referred
to herein as "Recommended Professionals") is done so as a courtesy referral to you
only and in no way represents a partnership, joint venture, principal/agency relationship,
or any other similar type of business relationship between Noah and any of the Recommended
Professionals. As such, Noah makes no representation or warranty of any kind whatsoever
to you, or to any other person, relating in any way to the quality or adequacy of
the Recommended Professional’s products and/or services. To the fullest extent permitted
by law, Noah expressly disclaims all warranties of any kind and nature, whether
express or implied, relating to the products or services provided by the Recommended
Professionals or your use thereof. In addition, Noah makes no warranty that the
Recommended Professionals will meet your expectations. In the event that you elect
to enter into an agreement with a Recommended Professional, you hereby agree and
acknowledge that such agreement has been entered into of your own volition, and
that entering into such agreement was not a condition precedent to you entering
into this Booking Agreement. Finally, any questions and/or comments regarding, among
other things, products or services provided by the Recommended Professionals should
be directed to such Recommended Professional and not to Noah.
Release. You, for yourself, and on behalf of all Permitted Invitees,
hereby release, remise and forever discharge Noah and each of its respective agents,
directors, officers, employees, information providers, service providers, suppliers,
licensors and licensees, and all other related associated, or connected persons
from any and all manner of rights, claims, complaints, demands, causes of action,
proceedings, liabilities, obligations, legal fees, costs, and disbursements of any
nature and kind whatsoever and howsoever arising, whether known or unknown, which
now or hereafter exist, which arise from, or relate to, or are connected with your
use of the Property. If you or any of your Permitted Invitees are a California resident,
you waive California Civil Code 1542, which says: "A general release does not extend
to claims which the creditor does not know or suspect to exist in his favor at the
time of executing the release, which if known by him must have materially affected
his settlement with the debtor." If you or any of your Permitted Invitees are a
resident of a state with any similar limitation on releases and waivers of third
parties, you hereby waive any statute or common law principle of similar effect
in that state to the maximum extent allowed by law. You hereby agree that you and/or
your Permitted Invitees will not pursue any legal action against Noah or otherwise
make a claim (or have any of your representatives or the representatives of any
Permitted Invitees) pursue any legal action or make a claim) against Noah for any
loss, accident, expense, damage, claim, warranty, injury or similar loss caused
or incurred as a result of your use of the Property or arising out of any condition
on the Property.
Indemnification. You agree to indemnify and hold Noah, its partners,
subsidiaries, affiliates, officers and employees, and service providers harmless
from any claim or demand made by any third party due to or arising out of you or
your Permitted Invitees’ use of the Property, or any violation of this Booking Agreement
by you or your Permitted Invitees, or any inaccuracy of any information you provide
to Noah, and any expenses incurred in connection therewith, including without limitation
reasonable attorneys’ fees.
Disclaimer of Warranties. Noah makes no representation or warranty
of any kind whatsoever to you or any other person relating in any way to the Property
or your use thereof. To the fullest extent permitted by law, Noah expressly disclaims
all warranties of any kind and nature, whether express or implied, relating to the
Property or your use thereof. Noah makes no warranty that the Property will meet
your expectations or that the information presented on this Website about the Property
is error free or 100% accurate.
Limitation of Liability. You and your Permitted Invitees expressly
acknowledge and agree that your use of the Property is at your own risk, and that
you assume all risk with respect thereto. Without limiting the generality of the
foregoing, you agree that Noah will not be responsible for loss of money, jewelry,
or valuables of any kind on the Property. Additionally, Noah and its affiliates
shall not be responsible or liable for any claim, damage or liability of any kind,
including without limitation personal injury (including death) and property damage,
arising either directly or indirectly from the use of your own equipment on or about
the Noah Facility. In no event shall Noah and/or its affiliates be liable for any
indirect, punitive, incidental, special, or consequential damages arising out of,
or in any way connected with, your Reservation, the use of this Website or the use
of the Property or the Noah Facility, whether based on contract, tort, strict liability,
or otherwise, including without limitation lost profits, loss of business or data,
or damages resulting from inconvenience or delay, even if Noah or any third party
has been advised of the possibility of such damages or losses. Noah’s total liability
(if any) for damages arising under this Booking Agreement shall be limited to the
amount paid by you for the Rental Fee, less any applicable Penalty.
Attorneys' Fees. If you or Noah is required to retain legal counsel
in order to enforce this Booking Agreement, (or any other agreement between you
and Noah), with or without the commencement of a formal legal action, the prevailing
party shall be entitled to recover attorneys’ fees and costs from the breaching
party.
Applicable Law/Venue. This Booking Agreement shall be governed by
and construed in accordance with the laws of the State of Utah, without regard to
the principles of conflicts of laws. By executing this Booking Agreement, you and
your Permitted Invitees agree to submit to the exclusive jurisdiction of and agree
to the venue of the courts of the State of Utah, whether state courts or federal
courts located in the State of Utah. You and your Permitted Invitees hereto agree
not to bring an action arising under this Booking Agreement in any court of law
located outside the State of Utah.
Force Majeure. If the performance of any part of this Booking Agreement
by either party is prevented, hindered, delayed or otherwise made impracticable
by reason of any flood, riot, fire, judicial or governmental action, labor disputes,
act of God or any other causes beyond the control of either party, that party shall
be excused from such to the extent that such performance is prevented, hindered
or delayed by such causes.
Assignment. You may not assign or otherwise transfer any of your
rights or duties hereunder unless Noah agrees in writing after receiving prior written
notice.
Remedies. All remedies of Noah provided for herein are cumulative
and shall be in addition to any and all other rights and remedies provided herein
or by law. The exercise of any rights of Noah hereunder shall not in any way constitute
a cure or waiver of a breach of this Booking Agreement or invalidate any act done
pursuant to any notice of breach, or prejudice Noah in the exercise of any of its
rights hereunder or pursuant to law.
Entire Agreement. You acknowledge that this Booking Agreement comprises
the entire agreement between you and Noah and that this Booking Agreement supersedes
all prior written or oral agreements regarding the subject matter herein. No modification
to this Booking Agreement shall be binding upon you or Noah unless made in writing
and signed by you and an authorized representative of Noah.
Questions?
Please Call 1-800-MY-NOAHS
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