Terms of Use

Revised as of September 29th, 2011

These Terms of Use apply to the access and use of the Powernoodle Website and online Powernoodle session application by any User including session Participants, Organizers or Administrators.

By using or subscribing to Powernoodle’s Website and services including the free Powernoodle5 Plan, you, the User, acknowledge that you have read, understood and agree to abide by these Terms of Use.

Definitions:

Powernoodle Application: The Powernoodle Website, software application, digital images, Avatars, user interface, reports, invitations, documentation and all source code supporting the Powernoodle sessions application.

Hosting Provider: The hosting provider designated by Powernoodle Inc. to house, support and maintain all hardware including servers, etc., software and related files and documentation to provide the Powernoodle Application.

User: Any person who accesses or uses the Powernoodle Website or Application including Administrators, Organizers and Participants as defined in this Agreement.

Purchaser: Any person who has purchased one or more Powernoodle Plans.

Powernoodle5 Plan: A Powernoodle5 Plan is a free plan to any user that creates/has a profile in Powernoodle. This free Powernoodle5 Plan offers any user a one organizer ability to organize up to 3 concurrent sessions and invite up to 5 participants. Powernoodle5 Plans cannot be upgraded. This plan will continue without renewal, however, Powernoodle Inc. reserves the right to cancel this free offering with a 30 day written notice. Organizer: An organizer is a User assigned by an Administrator of a Powernoodle Plan to create and run sessions under a Powernoodle Plan. Each Powernoodle Plan includes one Organizer by default. Unless the Plan is upgraded to at least one additional Organizer, the Administrator will always be the Organizer of any Powernoodle sessions created under the Plan. The Organizer:
Can invite a prescribed number of individuals to participate as Participants with the Organizer in a Powernoodle session.
Can through the My Sessions page change the status of any sessions for which they are the Organizer.
Delete sessions for which they are the Organizer.

Participant: An individual assigned a Participant role by an Organizer and invited to participate in a Powernoodle session by an Organizer.

User Data: Information submitted to the Powernoodle Application as a direct result of planning, inviting or executing a Powernoodle session including ideas, rankings, votes and information submitted or generated by Participants and Organizers during a Powernoodle meeting.

Account: Each Powernoodle User has an account which consists of the User’s profile. Users who are Administrators or Organizers will have access in their accounts to their Powernoodle Plans and all of the information contained within their Plans. A Powernoodle Account is required in order to participate in a Powernoodle session.

User Profile: The User Profile contains key information that identifies a Powernoodle User, including a login ID. A login ID is required in order to create a Powernoodle Account and to enable participation in a Powernoodle session.

User Obligations
User shall use the Powernoodle Application under normally expected operating conditions in the User’s computer environment, through the User’s own internet connection and at the invitation of a Powernoodle Organizer.

User will not, without Powernoodle’s prior written consent:

a) Copy or reproduce any portion of the Powernoodle Application including screen captures and Avatars, but excluding reports generated from User’s Powernoodle session.

b) Reverse engineer, decompile or defeat license encryption mechanisms, or disassemble the Powernoodle Application and any software contained therein, any license key or any portion thereof.

c) Under this Agreement, Powernoodle Inc. grants user the non-exclusive, non-transferable right to use the Powernoodle Application in accordance with the terms identified in this Agreement. User may NOT rent, lease, lend, assign, sub-license or in any way distribute or transfer any rights in this Agreement to any third parties without Powernoodle Inc.’s prior written approval and subject to written agreement by the recipient or assignee of the terms of this Agreement.

d) User shall ensure any User Data relevant to or generated from any Powernoodle session is copied to its own computer environment for security and safety of the User Data.

e) Organizers should request a Participant to provide a computer operating environment and maintain an Internet connection in accordance with the Minimum Requirements as set out on Powernoodle website.

Powernoodle User Data
Powernoodle incorporates a familiar user-roles and permissions system for controlling who has access to data and who can perform administrative activities. Users submit, share and generate information through the Powernoodle Application (referred to as “User Data”) which is accessed by other Users, including session Participants, Organizers and Administrators. Organizers and Administrators have the authority to manage and delete session and the User Data submitted to or generated from a session. User Data may be personal, corporate, confidential and/or creative in content, and of any other nature that Users agree to as the subject of a Powernoodle session. The ideas, content, voting and reports which are submitted or generated in connection with a Powernoodle session may contain sensitive information. Please be aware that this data is being recorded, and will include any sensitive, proprietary and personal information that you choose to share with other Users as part of a Powernoodle session.

This sharing of information and ideas among Users and any additional terms regarding the use or ownership of User Data are the responsibility of the session Organizer and Participants. Powernoodle does not screen or own User Data and is not liable for User Data. For example, Powernoodle is not responsible for maintaining the confidentiality of information shared by and among Users in association with the Powernoodle application and Powernoodle is not responsible for the use, by other Users, of personal information shared in a Powernoodle session.

User Data is stored temporarily by Powernoodle as encrypted files on our server where we take appropriate measures to protect it. User Data may be accessed incidentally by Powernoodle and third parties such as our business partners, service vendors and authorized third-party agents for the purpose of providing our products and services, including support and technical services, and for Powernoodle reporting of aggregate usage statistics and demographics. These third-parties are not permitted to collect, use, store or disclose User Data for any purpose other than completing the requested service or transaction. No User Data produced in a Powernoodle session is ever disseminated to anyone other than the Plan Administrator and Organizer.

Support
Support services will be provided through the Powernoodle Inc. Support Team from 9:00AM to 5:00 PM EST. Access to the Support Team is detailed on the Powernoodle Inc. Website as well as through the Help button on the Powernoodle Application.

Intellectual Property Rights
Powernoodle respects the intellectual property rights of others and expects User to do so as well. User warrants that it owns or has permission to use, submit and disclose any ideas, information and content User provides during or in association with a Powernoodle session and the use of the Powernoodle Website.

Powernoodle does not screen, own or monitor User Data and is not liable for User Data. Powernoodle reserves the right to remove User Data or disable access to User Data at Powernoodle’s discretion.

POWERNOODLE, FROM BRIGHT TO BRILLIANT, DO.BUSINESS.BETTER and the ARROWS Design are trade-marks of Powernoodle Inc. Copyright in all Powernoodle Avatars is owned by Powernoodle Inc.

User Suggestions
Powernoodle appreciates your feedback regarding our Website and services. Please note that any suggestions or ideas provided to Powernoodle become the exclusive property of Powernoodle and may be used by Powernoodle at its sole discretion without compensation or attribution to you. Powernoodle is not obligated to review or implement suggestions and ideas or to keep these suggestions and ideas confidential.

Information Security
Powernoodle is committed to protecting the Personal Information and User Data you share with us and takes appropriate measures to protect against any unauthorized access to this information. Access to Personal Information and User Data stored on Powernoodle’s servers is restricted to authorized personnel, including Powernoodle employees and contractors employed to provide our services. Any individuals having access to the information stored on our servers are bound by confidentiality agreements.

Powernoodle uses SSL encryption technology when collecting credit card information over the Internet. We encourage Users to take standard precautions to protect their Personal Information and User Data while on the Internet, including using a secure and up-to-date browser version and frequently changing their account password.

Cookies
When you visit the Powernoodle Website or log in to the Powernoodle Application, we send Cookies to your computer or device in order to uniquely identify your browser. We use Cookies as part of our service, including saving your preferences, but these do not contain Personal Information. Your browser can be configured to refuse Cookies, but certain Powernoodle features may not function if you do so.

Server Location
Powernoodle’s servers are located with an United States hosting provider. Our hosting provider is fully SAS 70 compliant (SAS 70 Type II certification). Powernoodle also may be bound by privacy and personal information laws applicable to our hosting and service providers including the Personal Information Protection and Electronic Documents Act (PIPEDA).

Disclaimer of Warranty
The Powernoodle Application is a software as a service product and its accuracy and reliability are not guaranteed. Users shall not rely exclusively on the Powernoodle Application for any reason. THE POWERNOODLE APPLICATION AND ANY SOFTWARE THEREIN ARE PROVIDED AS IS, AND POWERNOODLE DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability
Although Powernoodle will to the best of its ability ensure secure, safe, retention of User Data, Powernoodle bears no liability for User Data submitted to, stored and accessed from the Powernoodle Application. Users will be encouraged through the Powernoodle Application to collect and download reports. The Powernoodle Application is provided using software, and as such, WILL CONTAIN BUGS AND MAY CAUSE DATA LOSS. POWERNOODLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT.

Modifications
Powernoodle reserves the right to modify the Powernoodle Website, Application and Terms of Use & Privacy Policy.

Powernoodle Experts
Powernoodle bears no liability or responsibility for any services, information and /or advice that is provided by each of the “Powernoodle Experts” noted on the website, nor do we represent Powernoodle Experts council or actions.

Privacy Policy
Powernoodle is committed to protecting your privacy and ensuring you have a positive experience on our website and in using our products and services. This policy outlines how we handle Personal Information for both online and offline data.

If you provide us with Personal Information, we will treat it according to this policy.

Please notify us of any changes in your Personal Information. As a registered User of Powernoodle, you may make these edits or corrections to your user account online. Alternatively, you may direct us to make edits or corrections to your Personal Information (including account maintenance or deactivation) at any time.

Collection of Personal Information

The collection of your Personal Information is for the express purpose of providing Powernoodle’s products and services to enable you (the User) to participate in Powernoodle session and to receive additional products and services from Powernoodle.

We collect Personal Information which is necessary to provide registered users with Powernoodle’s products and services. Please notify us of any changes in your Personal Information. As a registered User of Powernoodle, you may make these edits or corrections yourself online or you may direct us to make edits or corrections to your Personal Information (including account maintenance or deactivation) at any time.

In addition, the Powernoodle application captures and records certain information related to your activities during the course of your using the Powernoodle application including login instances, actions taken while logged in to the Powernoodle website, data displayed and user interface elements clicked on. Powernoodle Points are tabulated based on a User’s recognized contributions to session and the number of Powernoodle session a User is involved in. Powernoodle records and stores log files for each session that may include information such as what browser version is being used, date and time of login and IP address.

Uses of Your Personal Information

Powernoodle will use your Personal Information only for the purposes specified below. Any additional purposes will be identified when your Personal Information is collected.

1. To process your order and deliver the product and/or services you have ordered.

2. To keep you up to date on the latest service announcements, software updates, new features, system enhancements, special offers, and other information.

3. To provide support and assistance for Powernoodle’s products and services.

4. To obtain feedback and conduct questionnaires and surveys in order to provide better products and services to our customers and end users.

5. To provide you with the ability to create a personal profile and submit and access content in a Powernoodle session.

6. To customize the background of the Powernoodle Website, SessionSessions and content you see. (future offering)

7. To meet obligations in connection with a sale or transfer of Powernoodle Inc’s business.


Sharing Your Personal Information

Powernoodle will not sell or rent or disclose your personal Information to any third parties for marketing or commercial purposes, unless you have granted us permission to do so.

We may transfer or disclose your Personal Information to third parties such as our business partners, service vendors and authorized third-party agents in order to provide you with Powernoodle’s products and services, including, for example, processing of credit card transactions by third-party agents. In these cases, we provide these third parties with the minimum Personal Information required to complete the service or transaction and the third-parties are not permitted to use your Personal Information for any purpose other than completing the requested service.

Powernoodle’s servers are located with a United States hosting provider and your Personal Information may be processed and stored in the United States.

We may collect and share your Personal Information and any other information available to us in order to investigate, prevent or take action regarding illegal activities, violations of Powernoodle’s terms of service or as otherwise required by law.

We will ask for your consent before we use or share your information for any purposes other than the reason for which you provided it, or as otherwise provided by this policy. We will require an action on your part (such as selecting an appropriate option to indicate your consent) prior to using your Personal Information for any reason other than those outlined in this policy.