By visiting, using and/or submitting information to NoonPi.ca (hereinafter referred to as “website”), which is owned, operated, and managed by Gracone, LLC (hereinafter referred to as “Gracone”), an Extra-Provincial Limited Liability Companylimited-liability company with governing jurisdiction in Texas, United States, and a principal place of business at 1270 Central Parkway West, Unit 102, Mississauga, Ontario L5C4P4, you are accepting these Terms of Use (“Terms”) and our Privacy Policy.
This Agreement is made by and between Gracone and you, a user of the website. These Terms set forth the terms and conditions that apply to your access and use of the website.
Electronic Communications
When you use NoonPi.ca, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your Right to Access and Use
Your right to access and use the website is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the website for lawful purposes and pursuant to the terms and conditions of this Agreement.
You must not use the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction and data harvesting) on or in relation to this website.
You must not use this website to transmit or send unsolicited commercial communications.
You must not attempt to cause the website to operate in an unintended way.
You must not attempt to use or exploit any existing vulnerability with the website.
Your access and use of the website may be interrupted from time to time for any of several reasons, including, but not limited to, the malfunction of equipment, periodic updating, maintenance or repair activities, or other actions that Gracone, may elect to take.
Gracone reserves the right to suspend or discontinue the availability of the website for access and use at any time in its sole discretion and without prior notice to you.
Account Usage
Certain services and features of the website are accessible only to registered users. The rights to register and to be issued a username or password by Gracone are available only to those individuals who provide Gracone the requested accurate, complete, and current personally identifiable information. You must inform Gracone of any changes or updates to any personally identifiable information that you provide to Gracone. You can submit changes or updates by updating your online profile.
If you create an account on the website, you are responsible for maintaining the confidentiality of your account, password, and any discount codes issued to you and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Gracone reserves the right to refuse service, terminate accounts or remove or edit content at any time without prior notification.
NoonPi.ca does not sell products for children. If you are under the age of majority in your province or territory of residence, you may not use NoonPI.ca without involvement of a parent or guardian. Gracone reserves the right to refuse service, terminate accounts, terminate your rights to use our services, remove or edit content, or cancel orders in its sole discretion.
Your Compliance with these Terms
In order to determine your compliance with this Agreement, Gracone may monitor your access and use in accordance with our Privacy Policy. Any of the following actions by you shall not be permitted and may result in the loss of your right to access and use the website. Prohibited actions are those that, within the sole judgement of Gracone,:
- Violate the terms and conditions of these Terms,
- Restrict, inhibit, or prevent any third party from accessing or using the website, or
- Through the use of Website, defame, abuse, harass, offend, or threaten any other user or third party
Accessibility
Website accessibility is an ongoing effort, and we are actively taking steps to further enhance and improve the accessibility of www.NoonPi.ca. If you have difficulty using or accessing any element of this website please contact us through the contact us portion of our website or dial 289-727-2007 and we will work with you to provide the information, item, or transaction you seek through a communication method that is accessible for you, consistent with applicable law.
Your Transmissions, Submissions and Postings
If you transmit, submit, or post customer comments or any other information to the website, you automatically grant Gracone the royalty-free, non-exclusive right and license to use, copy, format, adapt, and publicly display such information in whole or in part worldwide, and/or to incorporate the same in other content and/or works in any form, and using any media or technology now known or developed in the future. Gracone may, in its sole discretion, edit, refuse to post, or remove any information you transmit, submit or post.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gracone for all claims resulting from content you supply. Gracone has the right but not the obligation to monitor and edit or remove any activity or content. Gracone takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Gracone’s rights under these terms and conditions in relation to user content, Gracone is not obligated to undertake monitoring of the submission of such content to, or the publication of such content on, the website.
A growing number of consumers rely on reviews and ratings provided by others in order to judge products they purchase. The website’s users are asked to review courses and webinars that they have completed, and these reviews and ratings are published on the website and made available to the general public. In order to provide fair and unbiased reviews of these products, Gracone has established the following guidelines.
- Users will be given the ability to use a pseudonym or “handle” rather than their real name if preferred
- The course or webinar should have been completed personally by the reviewer
- All comments are reviewed by staff members prior to publication and all reviews, both positive and negative, are considered for publication. A negative review does not make a comment ineligible for publication. In fact, we believe that all comments, both positive and negative, are important in the consumers’ decision-making process, and we will make a good-faith effort to be certain that no review is unduly rejected due to negative comments or rating points
- We will not publish comments that are inflammatory, discriminatory, contain personal attacks, or are not related to the value of the course material or our service
- No comment with reference to a specific quiz question or answer will be published, but will be responded to privately by email
- Reviews containing specific questions or comments about the course material may take longer to publish as we will attempt to review and, if necessary, correct the course material before publication
- In some instances we may provide “webmaster comments” added to the review in order to provide clarification
- We reserve the right to edit or delete any comment that we feel is inappropriate for any reason
Copyright
All content included on this site, including, but not limited to courses, text, graphics, logos, button icons, files and the collective arrangement, display and presentation of the content is the property of Gracone and is protected by Canadian, United States and international copyright laws. You may use, download, view and print content on this site for educational, non-commercial purposes only. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gracone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information on this site without the express written consent of Gracone. You may not use meta tags or any other “hidden text” utilizing our name, trademarks, or tradenames without the express written consent of Gracone.
Trademarks
Graphics, logos, page headers, button icons, scripts, and service names included in or made available on NoonPi.ca or our affiliated websites and businesses are trademarks or trade dress of Gracone, LLC, or its affiliates, in the United States and other countries. These trademarks and trade dress may not be used in connection with any product or service that is not expressly authorized by Gracone, LLC, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gracone or its affiliates. All other trademarks not owned by Gracone or its affiliates that appear in any of our products, websites, or other materials are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Gracone, LLC or its affiliates.
Linking to NoonPi.ca
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the website so long as your website or the link does not portray the Referenced Site in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo, other proprietary graphic, trademark, or trade name as part of the link without the express written permission of Gracone.
Disclaimer of Warranties and Limitation of Liability
Gracone provides this site on an “as is” and “as available” basis. Gracone makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
The course content contained on this site is provided for educational purposes only. It is intended to assist professional engineers in retaining and expanding their knowledge base for the sole end purpose of attaining engineering Continuing Professional Development hours (CPD). Gracone makes no claims or warranties, express or implied, regarding the accuracy of information contained on this site or linked to this site. Gracone makes no claims or warranties, express or implied, regarding the applicability to a specific task or project the information contained on this site or linked to this site. The services of an experienced, registered professional engineer should be employed before attempting to apply any content on this site to a particular task, application, or project.
To the full extent permissible by applicable law, Gracone disclaims all warranties, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose. Gracone does not warrant that this site, its server, or email sent are free of viruses or other harmful components. Gracone will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Gracone will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with this website:
- Failure to report course completions to crediting organizations;
- Loss of any credential or license of any type;
- Incorrect information delivered to the user in any format by any delivery method;
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss; or
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Gracone has been expressly advised of the potential loss.
Your Indemnification of Gracone
You shall defend, indemnify, and hold harmless Gracone and its officers, employees, independent contractors, agents, representatives, and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested pursuant to registration; (iii) your access or use of the website; (iv) your access or use of Website under any username or password that may be issued to you by Gracone; and/or (v) your use of the content and/or the Merchandise.
Privacy
Refer to NoonPi.ca’s Privacy Policy.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC’S CONSUMER PROTECTION ACT, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SERVICES AND PRODUCTS FROM GRACONE, NOONPI.CA, AND OTHER AFFILIATED BUSINESSES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GRACONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH GRACONE LLC, NOONPI.CA AND OTHER AFFILIATES BUSINESSES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF SERVICES AND PRODUCTS OFFERED BY GRACONE, LLC IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, GRACONE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GRACONE DOES NOT WARRANT THAT THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH NOONPI.CA; GRACONE’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, GRACONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY GRACONE SERVICE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY GRACONE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Disputes
Any dispute or claim relating in any way to your use of any Gracone products or services sold or distributed by NoonPi.ca will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify and (2) if an applicable law in your province of residence gives you the right to resolve your dispute or claim before the courts of that province notwithstanding your agreement to arbitration, you may elect either to do so or proceed in arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim us at Gracone, LLC, 1431 Graham Dr., Suite 265, Tomball, TX 77375 USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county Harris, State of Texas, United States or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Applicable Law
By using NoonPi.ca or any other Gracone service, you agree that the U.S. Federal Arbitration Act, applicable U.S. federal law, and the laws of the state of Texas, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gracone, except to the extent Canadian federal or provincial law says otherwise.
Governing Language
It is the express wish of the parties that these Conditions of Use be drawn up in English. In the event of any inconsistency, discrepancy or conflict between the English version of these Conditions of Use and their translation in another language, the English version shall prevail.
Site Policies, Modification, and Severability
Please review our other policies posted on this site. These policies also govern your use of NoonPi.ca. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
1270 Central Parkway West, Unit 102
Mississauga, ON L5C 4P4
Canada
Our Mailing Address
Gracone, LLC dba NoonPi
1431 Graham Dr., Suite 265
Tomball, TX 77375
USA
Arbitration
YOU AND GRACONE AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Gracone, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries, or affiliates (collectively for purposes of this section, “Gracone”) arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope, or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days’ advanced written notice of its intent to file for arbitration. Gracone will provide such notice by email to your e-mail address on file with Gracone and you must provide such notice by email to support@noonpi.ca.
During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will conduct any arbitration proceedings at a location within Harris County, TX that is mutually agreed upon by you and Gracone. The arbitrator will have the power to grant whatever relief would be available in court under Texas law and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction within the state of Texas. Arbitrator will apply applicable law and the provisions of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Gracone and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Gracone nor you are entitled to arbitrate any Covered Dispute as a class, representative, or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative, or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative, or private attorney general arbitration). These Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA) and, where otherwise applicable, by the laws of the State of Texas.
Last Update
These Terms of Use were last updated on January 10, 2025.
Gracone, LLC dba NoonPi.ca
1270 Central Parkway West, Unit 102
Mississauga ON L5C 4P4
Phone: 289 727-2007