Terms of Use of the Simplifica Websites

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. (This "Site").

The Simplifica Websites (collectively, the "Simplifica Web Sites") operated by Simplifica Inc. or its affiliates or subsidiaries ("Simplifica"), is comprised of various Web sites and Web pages. The Simplifica Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Simplifica Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Simplifica website included within the Simplifica Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the Simplifica Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Simplifica website, then these terms shall control unless clearly stated otherwise. 

Modification of the Terms of Use

Simplifica may, in its sole discretion, alter, limit, or modify the web site rules, regulations, benefits, eligibility for membership, or any other feature of the web site any time at its sole discretion, by posting any such changes on the Simplifica website/www.getsimplifica.com. Simplifica reserves the right to change the terms, conditions, and notices under which the Simplifica Web Sites are offered, including but not limited to the charges associated with the use of the Simplifica Web Sites. You are responsible for regularly reviewing these terms and conditions.

Use of Site Limitation

Unless otherwise specified, the Simplifica Web Sites are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Simplifica Web Sites, unless this is done for noncommercial purposes. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Simplifica is strictly prohibited. Harassment in any manner or form on any of the Simplifica Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Simplifica employee, host, or representative or other members or visitors on the Simplifica Web Sites is prohibited. You may not upload to, distribute, or otherwise publish through the Simplifica Web Sites any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Eligibility

You represent and warrant that you (1) are above the legal age of majority in your jurisdiction of residence, (2) have not previously been suspended or removed from the Site, (3) do not have more than one account at any given time for the Site; (4) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (5) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party.

User Account

When you set up an Account, you are required to provide your name and email address and select a password (collectively, your “Account Information”), which you may not transfer to or share with any third parties. If someone accesses our Site or Services using your Account Information, we will rely on that Account Information and will assume that it is really you or your representative who is accessing the Site and Services. You are solely responsible for any and all use of your Account Information and all Orders and activities that occur under or in connection with the Account. You agree to be responsible for any act or omission of any users that access the Site or Services under your Account Information that, if undertaken by you, would be deemed a violation of these Terms of Use. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual's authorization, or register for an Account on behalf of any group or entity.

Participation and User Submissions

Simplifica have no obligation to verify the identity of any users when they are connected to the Site or to supervise the User Content that has been provided by users. You acknowledge that we may or may not prescreen, monitor, review, edit or delete the User Content posted by you and other users on the Site. Simplifica retain the right to modify, move, refuse, block or remove any User Content, in whole or in part, for any reason or no reason, with or without notice. Simplifica also reserve the right to access, read, preserve, and disclose any information as we reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, users of the Site and the public. Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Simplifica will have no obligations with respect to the Communications. Simplifica and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes. Simplifica may, but is not obligated to, monitor or review any areas on the Simplifica Web Sites where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Simplifica, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Third Party Websites and Links

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Simplifica, Simplifica has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Simplifica. Simplifica has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Simplifica sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. 

Copyright

The entire content included in the Simplifica Web Sites, including but not limited to design, text, graphics, logos, button icons, images, audio clips, the selection and arrangement thereof, and all proprietary software is ALL RIGHTS RESERVED. The collection, arrangement and assembly of all Program content is the exclusive property of SIMPLIFICA and protected by U.S. and international copyright laws. All software used in connection with the Program is the property of SIMPLIFICA or its software suppliers and is protected by U.S. and international copyright laws. Unless otherwise indicated on a particular part of the Program materials, permission is granted to electronically copy and to print in hard copy portions of the Program materials for the sole purpose of accessing the Program and the services provided therein for personal use. Any other use of Program materials - including reproduction, modification, distribution, republishing, transmission, display or performance without the prior written permission of SIMPLIFICA is strictly prohibited.

Trademarks

www.getsimplifica.com, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of SIMPLIFICA and may not be used in connection with any product or service that is not offered by SIMPLIFICA in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SIMPLIFICA. All other trademarks, product names and company names or logos cited herein are the property of their respective owners

Typographical Errors

Simplifica makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Simplifica does not filter advertisements or other content that children may view through our sites and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software. This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Simplifica disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Simplifica does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Simplifica does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. In the event that a www.getsimplifica.com product is mistakenly listed at an incorrect price, www.getsimplifica.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.getsimplifica.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.getsimplifica.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination

These terms and conditions are applicable to you upon your accessing the Simplifica Web Sites. These terms and conditions, or any of them, may be modified or terminated by Simplifica without notice at any time for any reason. Simplifica may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. 

Limitation of Liability.

SIMPLIFICA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON SIMPLIFICA's LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE (OR, IF YOU ARE A MINOR, YOUR PARENT OR LEGAL GUARDIAN WILLINGLY AGREES) THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM SIMPLIFICA AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.

Applicable Laws

This site and the materials and products on this site are created and controlled by SIMPLIFICA in the State of Texas, U.S.A. As such, the laws of the State of Texas will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. You hereby consent (or, if you are a minor, your parent or legal guardian hereby consents) to the exclusive jurisdiction of courts located in the State of Texas in all disputes arising out of or relating to these Terms or the Program. Simplifica makes no representation that materials in the Simplifica Web Sites are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Texas do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by laws of the State of Texas.

Indemnification

You agree to indemnify, defend, and hold harmless www.getsimplifica.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

SIMPLIFICA PRIVACY POLICY

What information do we collect from you?

We collect information from you when you register on the site, place an order, enter a contest or respond to a survey or communication such as e-mail, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously. We also collect information about gift recipients so that we can fulfill the gift purchase. The information we collect about gift recipients is not used for marketing purposes. Like many websites, we use "cookies" to enhance your experience and gather information about visitors and visits to our websites. Please refer to the "Do we use 'cookies" section below for information about cookies and how we use them.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.

Do we use “Cookies and What Do Cookies Do?

Yes we do - to enhance your experience. Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the site's or service provider's systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business. You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Each browser is a little different, so look at your browser help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.

How do we use your information?

We may use the information we collect from you when you register, purchase products, enter a contest or respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways: To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested. To allow us to better service you in responding to your customer service requests. To quickly process your transactions. To administer a contest, survey or other site feature. If you have opted-in to receive our e-mail newsletter, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register or participate in other site features such as marketing programs will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.

Do we disclose the information we collect to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include www.getsimplifica.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

How can you opt-out, remove or modify information you have provided to us?

To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production. To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses and payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.

Third party links

In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites including if a specific link does not work.

Changes to our policy

If we decide to change our privacy policy, we will post those changes on this page. Policy changes will apply only to information collected after the date of the change. This policy was last modified on January 1st, 2017.

Questions and feedback

We welcome your questions, comments, and concerns about privacy. Please send us any and all feedback pertaining to privacy, or any other issue. This online privacy policy applies only to information collected through our website and not to information collected offline.

Your consent

By using our site, you consent to our privacy policy.

Updated: January 2017