Terms of Service

By using the Noodle Services (as defined below), which are owned and operated by Noodle Education, Inc. a Delaware corporation (“Noodle”) and by accessing the Noodle site located at http://www.noodle.org, and all linked pages owned and operated by the Noodle site, you agree to be bound by these terms of service, as well as Noodle’s Privacy Policy, Copyright Agreement and any other guidelines, rules and additional terms referenced herein, and the Privacy Policy, Copyright Agreement and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, “Terms of Service,” and “Agreement”).

Noodle’s online services (the “service” or “services”), which are available at the Noodle site will, among other things, help you research educational opportunities, recommend educational opportunities based on information you provide, allow you to contact educational sites directly, allow you to create lists of schools, create a member profile, upload photos, and interact with other Noodle users. These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Noodle site and Noodle services. Please read these Terms of Service carefully. Your access to or use of the Noodle site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Noodle site.

Noodle retains the right to ban any user who violates the terms of service of Noodle.

Noodle reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Noodle services at any time, for any or no reason, with or without prior notice, and without liability.

  1. Eligibility

    You may use this website only for lawful purposes and in accordance with these Terms of Use, and you agree not to: (i) use this website in any manner that could disable, overburden, damage, or impair this website, or interfere with any other use of this website, including, but not limited to, any user’s ability to engage in real-time activities through this website; (ii) use any robot, spider or other automatic device, process or means to access this website for any purpose, including to monitor or copy any of the material on this website; (iii) use any manual process to monitor or copy any of the material on this website, or to engage in any other unauthorized purpose without the express prior written consent of Noodle; (iv) otherwise use any device, software or routine that interferes with the proper working of this website; or (v) otherwise attempt to interfere with the proper working of this website.

    Use of and membership in the Noodle website (“Membership”) is void where prohibited. By using the Noodle website, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are able to enter into legally-binding contracts and are 13 years of age or older; and (d) your use of the Noodle services does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if we believe that you do not meet Noodle’s Membership requirements.

  2. Changes to this Agreement or the Noodle Services

    You agree and understand that these Terms of Service (and all other agreements, policies, rules and guidelines referred to herein), the Noodle site and the Noodle services may be modified by Noodle at any time without prior notice, and such modifications will be effective upon Noodle’s posting of the new terms and/or upon implementation of the new changes on the Noodle site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Noodle service after any modifications indicates your acceptance of the modified Terms of Service (and all other agreements, policies, rules and guidelines referred to herein). Unless expressly stated otherwise by Noodle, any new features, new services, enhancements or modifications to the Noodle site and service implemented after your initial access to the service shall be subject to these Terms of Service.

  3. Registration and Security

    In order to use or access some of the Noodle services, you are required to register with Noodle and to select a password, user name, and provide an email address you own and use (“User ID”). If you register, you agree to provide Noodle with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select, or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Noodle reserves the right to refuse registration of, or cancel a User ID in its sole and absolute discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your User ID and password. Any User ID and password provided to you for your access to the Noodle service shall be for your personal use only. You agree to (a) immediately notify Noodle of any unauthorized use of your User ID or password, and (b) ensure that you exit from your account at the end of each session.

  4. Use of the Site/Services by Members

    You may use the Noodle site to:

    • Search the Noodle Database
    • Research educational opportunities
    • Find schools/businesses/services you are looking for
    • View reviews, tips & advice, and stories, both selected by Noodle and written by Noodle
    • Submit text, files, images, photos, videos, sounds, musical works, works of authorship or any other materials (collectively, "Content") in accordance with section 6 below, including
      • Updating, modifying, or editing any community-managed Content
      • Posting your own reviews, tips & advice, and stories
      • Creating a member profile
      • Uploading photos & videos
    • Interact with other Noodle users in accordance with section 7 below
    • Send samples of community-managed Content to people you know, whether or not they are existing Noodle users
    • Invite people you know to join Noodle
    • Download or copy the portions of the Content and other items displayed on the Noodle site, for your own use, provided that you maintain all copyright and other notices contained in such Content, as per the Noodle Copyright Agreement.

    Noodle does not control the Content posted by third parties via the Noodle service, including the content of any messages or reviews, and does not guarantee the accuracy, integrity, or quality of such Content; however, Noodle reserves the right to remove or edit any Content in its sole and absolute discretion. You understand that by using the Noodle service you may be exposed to Content that is offensive, indecent, objectionable, and/or illegal in your jurisdiction. Under no circumstances will Noodle be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Noodle service. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

  5. Restrictions on Rights to Use

    You shall not (and you agree not to allow any third party to):

    • Modify, adapt, translate, or reverse engineer any portion of the Noodle site and/or Noodle service;
    • Remove any copyright, trademark, or other proprietary rights notices contained in or on the Noodle site and/or Noodle service;
    • Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Noodle site and/or Noodle service;
    • Collect any information about other users or members (including usernames and/or email addresses) for any purpose other than to solicit and interact with other Noodle users or members;
    • Reformat or frame any portion of the web pages that are part of the Noodle site and/or Noodle services;
    • Create user accounts by automated means or under false or fraudulent pretenses;
    • Create or transmit unwanted electronic communications such as “spam” to other users or members of the Noodle site and/or Noodle service or otherwise interfere with other user's or member's enjoyment of the Noodle site and/or Noodle service;
    • Transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
    • Use of the Noodle site or Noodle services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
    • Violate in any way the Noodle Copyright Agreement
    • Copy or store any Content offered on the Noodle site for other than your own use;
    • Take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
    • Use the Noodle site and/ or Noodle services, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
    • Collect or store personal data about other users in connection with the prohibited activities described in this paragraph;
    • Post any Content that is not (i) based in fact, or (ii) is defamatory or libelous in nature, or (iii) insults or harasses other users or third-parties, or (iv) infringes upon the legal rights of other users or third-parties.
  6. Content submitted by you on the Noodle site

    • Content submitted through the Facebook, Twitter, Tumblr and similar sites: With respect to Content you post to the Noodle Site through the Facebook, Twitter, Tumblr or similar sites (the “Third-Party” Content), you agree that such Third-Party Content (1) is provided subject to all of the same terms, licenses, and conditions as other Content submitted to the Noodle site, (2) may include personally identifiable information regarding you and be published at the Noodle site together with such personally identifiable information in order to attribute the Third-Party Content to you, and (3) may be retained and treated by Noodle in the same manner and subject to the same conditions as other Content posted to the Noodle site.
    • By posting Content on the Noodle site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Noodle, its contractors, and the users of the Noodle site an irrevocable, perpetual, non-exclusive (including any moral rights), royalty-free, fully sublicensable, fully paid up, worldwide license to use, reproduce, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology without compensation to you, as outlined in Noodle’s Copyright Agreement. You also permit anyone to access, display, view, store, and reproduce such Content for personal use.
    • You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
    • You may not post Content that falsely expresses or implies that such Content or material is sponsored or endorsed by Noodle
    • You may not post Content that, in the sole discretion of Noodle:
      • is false or intentionally misleading;
      • that infringes on any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
      • is patently offensive to users of the Noodle site in Noodle’s sole and absolute discretion, such as Content or messages that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • promotes illegal activities or conduct that is abusive;
      • is threatening, obscene, defamatory, or libelous;
      • is pornographic or sexually explicit in nature; and
      • seeks or recommends providers of material that in any manner exploits people under the age of 18, or seeks or recommends providers that solicit personal information from anyone under 18
    • You are solely responsible for any Content that you publish or display on the Noodle Site or transmit to other members and/or other website users.
      • You are solely responsible for your ratings and reviews of businesses listed on Noodle. Noodle reserves the right, but has no obligation, to monitor disputes between you and any entity that you have reviewed.
    • You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
    • You understand and agree that Noodle may review and delete any Content that, in the sole and absolute judgment of Noodle, violates the Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Noodle site and/or other website users.
  7. Your interaction with other users

    • You may not use the Noodle site to communicate to others in such a manner that, in the sole discretion of Noodle:
      • is false or intentionally misleading;
      • is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      • harasses or advocates harassment of another person;
      • involves the transmission of unsolicited mass mailing or “spamming”;
      • promotes illegal activities or conduct that is abusive;
      • is threatening, obscene, defamatory, or libelous;
      • seeks or recommends providers of material that exploits in any manner people under the age of 18, or seeks or recommends providers that solicit personal information from anyone under 18
    • You are solely responsible for your interactions with other Noodle Members.
      • Noodle reserves the right, but has no obligation, to monitor disputes between you and other Members.
  8. Privacy

    Use of the Noodle services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

  9. Term

    This Agreement shall remain in full force and effect while you use the Noodle services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Noodle may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 8-13.

  10. Disclaimer

    THE NOODLE SITE IS PROVIDED ON AN “AS IS” BASIS. NOODLE AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE NOODLE SITE, NOODLE SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE NOODLE SITE OR IN ASSOCIATION WITH THE NOODLE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOODLE AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOODLE AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE NOODLE SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOODLE IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE NOODLE SITE OR ANY OTHER THIRD-PARTY. Noodle does not warrant or covenant that the Noodle service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Noodle service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Noodle service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM NOODLE, THE NOODLE SITE OR THROUGH OR FROM THE NOODLE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

  11. Limitation on Liability

    Noodle shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Noodle’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation (including “line-noise” interference). WITHOUT LIMITING THE FOREGOING, NOODLE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOODLE’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO NOODLE FOR THE NOODLE SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $500 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 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.”

  12. Governing Law

    This Agreement shall be governed by and construed in accordance with the laws of the State of New Any controversy or claim arising out of or related to this Agreement shall be settled solely and finally by arbitration administered in New York, New York before one arbitrator selected by the American Arbitration Association. The arbitration shall be conducted in accordance with the expedited procedure rules of the American Arbitration Association, unless the parties agree to different rules of arbitration. Judgment upon the award rendered may be entered in any court with proper jurisdiction. The predominantly prevailing party will bear all fees and expenses payable to the arbitrators.

  13. Indemnity

    You agree to indemnify and hold Noodle, its parents, subsidiaries, affiliates, officers, directors, stockholders, agents, and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Noodle site, (ii) your use of the Noodle services, (iii) the violation of the Terms of Service by you (including all other agreements, policies, rules, and guidelines referred to herein), or (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

  14. Other

    This Agreement (including all other agreements, policies, rules, and guidelines referred to herein) constitutes the entire agreement between you and Noodle regarding the use of the Noodle services. The failure of Noodle to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Noodle is a trademark of Noodle, Inc. The Terms of Service operate to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is (i) deemed amended to the extent necessary to conform to applicable law, (or) severable from this Agreement, and does not affect the validity and enforceability of any remaining provisions.

Copyright Agreement

Any capitalized terms not defined herein shall have the meanings set forth in Noodle’s Terms of Service

  • Noodle retains the right to store, format and present all text, files, images, photos, videos, sounds, musical works, works of authorship, or any other materials (collectively, "Content") provided to the Noodle Site in accordance with the privacy settings established by the user providing such information
    1. This right expires upon the removal of said Content from the site by the users
    2. If the said Content has been distributed to a third party, we may be unable to require such third parties to make said changes
  • In the unlikely event that Noodle must restore a backup version of the Site still containing the said Content, such Content will reappear on the site, and the user will have to remove the said Content once more, if that is still the user’s desire
  • Users retain ownership rights of said Content they personally author, including the right to reproduce, perform, publish, and distribute said Content
  • Noodle retains the right to delete any or all information of any user who violates the Terms of Service of Noodle
  • Noodle retains the right to prevent the said Content from being “lifted” or used without attribution by third-party sites for commercial purposes
  • Concerning community-managed Content provided to the site:
  • Users retain the right to freely add, delete, edit, modify, transform, and publicly or privately perform any open Content managed by the community,
  • Noodle retains the right to reproduce, publish and distribute all or teaser portions of any community-managed Content online and offline
  • Noodle retains the right to permit others to do the same
  • Noodle and its affiliates and sub licensees retain the right to use the name that users submit in connection with such Content
  • Concerning public independently managed Content provided to the site:
  • Users retain the exclusive right to edit, modify, delete said Content they personally author
  • This right expires upon the user’s violation of this agreement and/or the Terms of Service
  • Noodle retains the right to reproduce, publish, and distribute teaser portions of reviews online and offline
  • Noodle retains the right to permit others to do the same
  • Noodle and its affiliates and sublicensees retain the right to use the name that users submit in connection with such Content
  • Concerning Content posted to the personal profiles & private information of users
  • Users retain full ownership rights to said Content they personally author
  • Users retain the exclusive right to edit, modify, delete said Content they personally author
  • This right expires upon the user’s violation of this agreement and/or the Terms of Service
  • Users retain the right to solely manage said Content associated to their respective accounts, including the right to remove any of said Content appearing on their personal profile from their personal profile, regardless of the authorship of said Content
  • This right expires upon the user's violation of this agreement and/or the Terms of Service
  • If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the Content by Noodle or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release Noodle, and its directors, officers, employees, stockholders, agents, licensees, successors, and assigns, from any claims that you could otherwise assert against Noodle by virtue of any such moral rights.