noodleStream.com®

Terms of Service

By using the SafetySkills™ Web-service (Service) of noodleStream.com (nS), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). These terms and conditions only apply to SafetySkills™ Basic, SafetySkills™ Enterprise, and SafetySkills™ Enterprise Pro accounts.

nS reserves the right to update and change the Terms of Service without notice. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to changes.

Violation of any of the terms below will result in the termination of your Account. While nS prohibits such conduct and User Content that also may violate any of the terms on the Service, you understand and agree that nS cannot be responsible for User Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the service at your own risk.

Account Terms

1. You must be 18 years or older to use this Service.

2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

3. You must provide your legal name, a valid email address, and any other information requested in order to complete the signup process.

4. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for additional users.

5. You are responsible for maintaining the security of your account and password. nS cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

6. You are responsible for all User Content you post and the activity that occurs under your account (even when User Content is posted by others who have logins under your account).

7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

API Terms

Customers may access their SafetySkills™ account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses SafetySkills™, is bound by the terms of this agreement plus the following specific terms:

1. You expressly understand and agree that nS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if nS has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.

2. Abuse or excessively frequent requests to SafetySkills™ via the API may result in the temporary or permanent suspension of your account's access to the API. nS, in its sole discretion, will determine abuse or excessive usage of the API. nS will make a reasonable attempt via email to warn the account owner prior to suspension.

3. nS reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Payment, Refunds, Upgrading and Downgrading Terms

1. Account types:

a. SafetySkills™ Basic accounts refer to any “Pay As You Train” accounts.

b. SafetySkills™ Enterprise and SafetySkills™ Enterprise Pro accounts refer to any “Subscription” accounts.

2. Pay As You Train accounts:

a. Pay As You Train accounts are free to activate, and payment is required to obtain training credits. You are not required to provide a credit card number or payment until the time credits are to be purchased.

b. nS is willing, but not obligated, to make adjustments for special and/or unique arrangements; these arrangements will be handled on a case-by-case basis and disclosed when applicable in your service order.

3. Monthly Subscriptions:

a. Payment is due prior to account activation and will be collected with a valid credit card, or invoiced on approved purchase orders for monthly subscription accounts.

b. Your service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account.

c. You may activate additional learner seats to your account prior to the next billing period, and will be billed immediately and NOT be pro-rated. You may deactivate learner seats and they will be subtracted from your account at your next billing period.

d. Downgrading your subscription account to a Pay As You Train account is permitted only after twelve months of service.

e. nS is willing, but not obligated, to make adjustments for special and or unique arrangements; these arrangements will be handled on a case-by-case basis and disclosed when applicable in your service order.

4. Annual Subscriptions:

a. Payment is due prior to account activation and will be collected with a valid credit card, or invoiced on approved purchase orders for annual subscription accounts.

b. Your service is billed in advance prior to your account activation and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account. In the event that nS is unable to offer service for an extended period of time (at least 72 continuous hours), you may have the option to opt out of an existing contract for future payments.

c. You may activate additional learner seats to your account during your subscription period, prior to the next (renewal if applicable) billing period, and will be billed immediately and NOT be pro-rated. You may deactivate learner seats at any time, and they will be subtracted from your account at your next billing period.

d. nS is willing, but not obligated, to make adjustments for special and or unique arrangements; these arrangements will be handled on a case-by-case basis and disclosed when applicable in your service order.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Cancellation, Termination and Reactivation

1. You can deactivate your account at any time by clicking the Deactivate your account button in the Account link located on the top menu bar.  The Account screen provides a simple, “no questions asked” cancellation link.

2. All of your User Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is canceled.

3. If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.

4. When canceling your Subscription, any Pay as You Train credits in your account will be terminated, and the value of those credits will be credited back to you on your next purchase.

5. nS, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other nS service, for any such reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Content in your Account. nS reserves the right to refuse service to anyone for any reason at any time.

6. In the event of lapse in payment an account will be considered inactive if payment is not received within 7 days following the due date. Inactive accounts will be disabled immediately. Before an account can be reactivated, preserving all account data, full payment is required to bring the account up to date. An account can be reactivated by contacting This email address is being protected from spambots. You need JavaScript enabled to view it. .

Modifications to the Service and Prices

1. nS reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Prices of all Services, including but not limited to monthly subscription plan fees for the Service, are subject to change upon 30 days’ notice from nS. Such notice may be provided at any time by posting the changes to the SafetySkills™ Web site safetyskills.com or the Service itself.

3. If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.

3. nS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

1. All nS content posted on the Service must comply with U.S. Copyright law. Please review our copyright compliance policy.

2. Any and all data, databases, graphical content, templates, software, video content, images, and audio content contained within existing SafetySkills™ eLearning content is the sole property of nS. nS, however, claims no intellectual property rights over the material YOU provide to the Service, referred to as User Content. Your profile and materials uploaded – your User Content – remain yours. However, by allowing administrative and user accounts, you agree to allow others to view your User Content. Additionally, by uploading any logos or images onto any servers owned or controlled by nS, or by use of any nS service(s), you grant unlimited, perpetual license to nS for the use of such image(s) for promotional or other purposes.

3. nS does not pre-screen User Content, but nS and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service.

4. The look and feel of the Service is copyright 2007-2011 noodleStream All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the express permission from nS.

General Conditions

1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

2. Technical support is provided to paying customers and is available through online chat, email, SafetySkills™TV, and over the phone during normal business hours.

3. It is understood that nS uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

4. You must not modify, adapt or hack the Service or modify another Web site so as to falsely imply that it is associated with the Service, or access the Service without the express written permission from nS.

5. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by nS.

6. nS may, but has no obligation to, remove User Content and Accounts containing Content that nS determines in its sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a nS customer, employee, member, or officer will result in immediate account termination.

8. You understand that the technical processing and transmission of the Service, including your User Content, may be transferred unencrypted and involve (a) transmission over various networks or devices.

9. You must not upload, post, host, or transmit unsolicited email, SMSs, or "SPAM" messages.

10. You must not transmit any worms or viruses or any code of a destructive nature.

11. If your bandwidth usage exceeds 40MB/Learner/Month, or significantly exceeds the average per capita bandwidth of other SafetySkills™ customers, we reserve the right to immediately disable your account or throttle your content hosting until you can reduce your bandwidth consumption.

12. nS does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any of the products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

13. You expressly understand and agree that nS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if nS has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.

14. The failure of nS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and nS and to govern your use of the Service, superseding any prior agreements between you and nS (including, but not limited to, any prior versions of the Terms of Service).

Questions about the Terms of Service should be sent to This email address is being protected from spambots. You need JavaScript enabled to view it. .