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Last Updated: May 4, 2022
This website terms and conditions (“Terms”) is between Jessica Zweig, Inc. d/b/a SimplyBe. Agency ( “SimplyBe.”, “we”, “our”, and “us”) and you (“you” and “your”) and governs your access to and/or use of our websites located at www.simplybeagency.com, www.jessicazweig.com, simplybeagency.myshopify.com and any websites SimplyBe. has now or acquires in the future (collectively, the “Website(s)”). If you do not agree with this Terms, you shall not use the Website(s).
YOU ACCEPT THIS TERMS BY USING THE WEBSITE(S) AND/OR EXERCISING OR PURPORTING TO EXERCISE ANY OF THE RIGHTS GRANTED TO YOU HEREUNDER. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS TERMS, AS WELL AS ALL OTHER APPLICABLE RULES OR POLICIES, TERMS AND CONDITIONS OR AGREEMENTS THAT ARE OR MAY BE ESTABLISHED BY SIMPLYBE. FROM TIME TO TIME AND THE FOREGOING SHALL BE INCORPORATED HEREIN BY REFERENCE. IF AN INDIVIDUAL IS AGREEING TO THIS TERMS ON BEHALF OF A LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THE INDIVIDUAL HAS THE LEGAL AUTHORITY TO BIND SUCH ENTITY. IF YOU DO NOT AGREE TO THIS TERMS AND PRIVACY NOTICE (AS DEFINED BELOW), YOU SHALL NOT USE THE WEBSITE.
MEDIATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE MEDIATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SIMPLYBE. WILL BE RESOLVED BY MEDIATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
SimplyBe. provides customized branding, marketing and creative services and offers learning courses, podcasts, books and other information and media related to personal branding. SimplyBe. has developed the Website(s) to provide information about SimplyBe.’s services, products, learning courses and other offerings made available by SimplyBe. from time to time. The term “Website” does not include the products and services regardless of the domain name used to access such product and/or service.
You agree to only use the Website(s) in accordance with this Terms, and if you are accessing a learning course, you agree to access and/or use such course in accordance with the Course Terms and Conditions set forth at https://simplybeagency.com/course-terms-and-conditions/ which may be changed from time to time in SimplyBe.’s sole and absolute discretion.
You agree to provide true, accurate and current information in connection with your access to and/or use of the Website(s). You may be asked to provide certain information to access certain portions of the Website(s) or receive certain resources made available by SimplyBe. From time to time, we may restrict access to all or part of the Website(s). You will comply with all applicable laws, rules and/or regulations when accessing and/or using the Website(s). You are responsible for making arrangements necessary to use the Website(s), such as securing internet access. You are responsible for ensuring that all persons who access the Website(s) through your internet connection are aware of this Terms and comply with this Terms. You agree to notify SimplyBe. immediately of any unauthorized access to or use of the Website(s) or any other breach of security. Please use caution when accessing the Website(s) from a public or shared computer so that others are not able to view or record your information.
- PRIVACY NOTICE
By accessing and/or using our Website(s), you agree to the Privacy Notice located here https://simplybeagency.com/privacy-policy/ (“Privacy Notice”) and consent to any personal information we may obtain about you being collected, stored and/or otherwise processed in accordance with the Privacy Notice and this Terms.
The Website(s) are not intended for children under the age of thirteen (13) and you must be at least eighteen (18) years of age or older to access and/or use the Website(s). By accessing and/or using the Website(s), you represent and warrant that you are at least eighteen (18) years of age. No one under the age of eighteen (18) may use the Website(s), provide any information on the Website(s) or to us. The ‘Children’s Online Privacy Protection Act’ requires that companies obtain verifiable parental consent before they knowingly collect personally identifiable information online from children under the age of thirteen (13). SimplyBe. does not knowingly collect or solicit information from children under the age of thirteen (13). If we learn we have collected personal information from a child under the age of thirteen (13), we will delete the information. If you think someone under the age of thirteen (13) has provided us with personal information, please contact us at [email protected].
- COMMUNICATIONS FROM THRIVE SHIELD
When accessing and/or using the Website(s), you are communicating with us electronically, and consent to receive communications from us electronically. We will communicate with you by posting notices on the Website(s), by email if you provide your email address to us, or phone if you provide your phone number to us. You may continue to receive electronic communications from SimplyBe. (which may include without limitation promotional and advertising material and information about SimplyBe.) unless or until you elect to opt-out of receiving such communications and notify SimplyBe. at [email protected] that you no longer desire to receive communications from us. You acknowledge and agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- UPDATES TO TERMS
Changes. SimplyBe. may update this Terms in its sole discretion, at any time, in whole or in part. If SimplyBe. makes changes and/or modifications that impact your use of and/or access to the Website(s), we will post notice of the change and/or modification and change the ‘Updated’ date set forth above. You agree that your continued use of the Website(s) following changes and/or modifications will constitute acceptance of such changes and/or modifications. We may also provide you with additional forms of notice as appropriate under the circumstances. If you do not agree to the changes, you shall not use the Website(s) after the effective date of the changes and/or modifications. Please revisit this Terms regularly to ensure that you stay informed of any changes and/or modifications.
Additional Terms. SimplyBe. also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Website(s), which may be posted in the relevant portion of the Website(s). Your continued use of the Website(s) constitutes your agreement to such additional rules.
- USE OF THE WEBSITE
Right to Use. This Terms permit you to use the Website(s) for your personal, non-commercial use only. The Website(s) contain material which is owned by or licensed to SimplyBe. or to which SimplyBe. otherwise has permission to use. By using the Website(s) and accepting this Terms: (a) SimplyBe. grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and/or use the Website(s) and information provided therein in accordance with the terms and conditions set forth herein and any additional terms, conditions and policies set forth by SimplyBe.; and (b) you agree not to reproduce, modify, distribute, create derivative works from, publicly display, publicly perform, republish, download, transmit, store, license, sell and/or re-sell any content, software, products and/or information obtained from and/or accessed through the Website(s) without the express written permission of SimplyBe. Notwithstanding the foregoing subsection (b), your computer may temporarily store copies of information required for you to access and view the information and you may store files that are automatically cached by your browser for display enhancement purposes. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website(s) in breach of this Terms, your right to use the Website(s) will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.
Right to Deny Access and At Your Risk. SimplyBe. retains the right, in its sole and absolute discretion, to deny service and/or access to and/or use of the Website(s) to anyone at any time and for any reason. While we use reasonable efforts to keep the Website(s) accessible, the Website(s) may be unavailable from time to time. You understand and agree that there may be interruptions to the Website(s) due to circumstances within SimplyBe.’s control (i.e.: routine maintenance) and outside of SimplyBe.’s control. You acknowledge and agree that the use of the Website(s) is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, inaccurate and/or objectionable. The Website(s) may be modified, updated, suspended and/or discontinued at any time as determined by SimplyBe. in its sole and absolute discretion and without notice and/or liability and you acknowledge and agree that you are aware of this and any risks related thereto.
Prohibited Use and Conditions. Any access to and/or use of the Website(s) and/or information provided by SimplyBe. other than as specifically authorized herein, without SimplyBe.’s prior written consent, is strictly prohibited. Without limiting the foregoing, you are responsible for your actions while accessing and/or using the Website(s), and you shall not use the Website(s) in any manner that violates applicable law, contract, intellectual property or other third-party rights. You shall not:
- restrict or interfere with another user’s ability to use or enjoy the Website(s);
- overburden SimplyBe.’s infrastructure in any manner and/or otherwise damage and/or impair the functionality of the Website(s);
- gather email addresses through harvesting or automated means;
- attempt to access any portion of the Website(s) that is not public and/or override any security measures that are in place;
- introduce any virus, ‘Trojan Horse’, worm or other similarly harmful programming routines or automated systems, including, ‘robots’ or ‘botnets’, that flood the system with information at an unreasonable rate;
- impersonate any other person or entity, use a disguised identity and/or use any misleading and/or false information or statements for any purpose;
- provide content that is harmful, offensive, inaccurate, abusive, indecent, harassing, defamatory, obscene or otherwise inappropriate language including without limitation, bigotry, racism, discrimination, hatred or profanity;
- sell, resell, copy, reproduce, redistribute or display publicly the Website(s) or content on the Website(s) other than expressly permitted by SimplyBe.;
- modify content on the Website(s) in any way, such as the removal of any proprietary rights notices or markings; and/or
- create a link to the Website(s) from another website or document without prior written consent from SimplyBe.
Furthermore, SimplyBe. grants you the rights set forth herein, subject to the following conditions:
- you hereby represent and warrant to SimplyBe. that (a) all information provided to SimplyBe. by you is true, complete and accurate in all respects, and (b) you are authorized to submit such information to SimplyBe.;
- you shall not decompile, modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Website(s);
- you may not access all or any part of the Website(s) in order to build a product or service which competes with the Website(s) and/or any products or services offered by SimplyBe.;
- you shall not copy or imitate part or all of the design, layout, or look-and-feel of the Website(s) or individual sections of it, in any form or media;
- you shall not access any content on the Website(s) via automated means including without limitation crawling, scraping and/or caching;
- you agree not to intentionally hold SimplyBe. and/or their employees and/or directors up to public scorn, ridicule or defamation;
- you will prevent unauthorized access to and/or use of the Website(s) and notify SimplyBe. promptly of any such unauthorized access and/or use;
- you will not attempt to do any of the following: access data not intended for you, monitor the Website(s) for data gathering purposes and/or interfere with the Website(s) in relation to any user in any manner;
- you will not attack the Website(s) via a denial-of-service attack or a distributed denial-of-service attack; and/or
- you shall not use the Website(s) for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Website(s) provided.
SimplyBe. shall not be subject to any obligations of confidentiality regarding any information and/or materials submitted through the Website(s) except as otherwise expressly specified in this Terms and/or the Privacy Notice and/or as set forth in any additional terms and conditions relating to specific products and/or services utilized and/or provided by SimplyBe. in conjunction with the Website(s), and/or as otherwise required by law. The commercial use, reproduction, transmission or distribution of any information other material available through the Website(s) without the prior written consent of SimplyBe. is strictly prohibited. SimplyBe. may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website(s). SimplyBe. has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website(s). YOU INDEMNIFY AND HOLD HARMLESS SIMPLYBE. AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SIMPLYBE. DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SIMPLYBE. OR LAW ENFORCEMENT AUTHORITIES.
The Website(s) and its entire contents, features and functionality are owned by SimplyBe., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary right laws. Any redistribution or reproduction of part or all of the contents of the Website(s), including but not limited to text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, trade dress, logos, slogans, and/or proprietary technology currently used or which may be developed and/or used in the future in any form is prohibited. As between the parties, SimplyBe. and/or its licensors are the sole owner of: (i) the Website(s) and information provided by SimplyBe.; (ii) any data or metadata created, aggregated, or generated by access to and/or use of the Website(s); and (iii) all of its source code, object code, software, content, copyrights, trademarks, patents, improvements, enhancements, derivatives, and any other intellectual property rights related to (i) and (ii) or included therein. Subject to the limited rights expressly granted hereunder, SimplyBe. and/or its third-party licensors reserve all right, title and interest in and to the Website(s) and related information, including without limitation all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. Any use of the Website(s) not expressly permitted by this Terms is a breach of this Terms and may violate copyright, trademark, and other laws.
SimplyBe.’s name, the SimplyBe. logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SimplyBe. You must not use such marks without the prior written permission of SimplyBe. All other names, logos, product and service names, designs, and slogans on the Website(s) are the trademarks of their respective owners.
- RELIANCE ON INFORMATION POSTED
The information presented on or through the Website(s) is made available solely for general information purposes. SimplyBe. does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. SimlyBe. disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website(s), or by anyone who may be informed of any of its contents. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
If you choose to submit any questions, comments, ideas, suggestions, inventions, or other information (“Feedback”) to SimplyBe., such Feedback is non-confidential and will become the sole property of SimplyBe. SimplyBe. will be able to use any Feedback for any purpose including the developing, creating and/or marketing of products or services and you acknowledge SimplyBe. will give no credit or compensation to you and you have no rights to the same. SimplyBe. has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
- THIRD PARTY CONTENT, LINKED SITES, THIRD PARTY PRODUCTS
Third Party Content. SimplyBe. may provide access to content provided by third parties, including, without limitation, information, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or emailed or otherwise transmitted through the Website(s) (“Third-Party Content”). The third party from whom or which any such Third-Party Content originates is solely responsible for it and SimplyBe. assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third-Party Content. Accordingly, SimplyBe. does not control or endorse such Third-Party Content and has no liability of any kind to you or any third party for any Third-Party Content. Statements of opinion and commentary in Third-Party Content are those of the third party and, not necessarily those of SimplyBe.
Linked Sites. As stipulated in this Terms, SimplyBe. does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party. SimplyBe. may, from time to time, include hyperlinks (“Link(s)”) to other websites operated and maintained by third parties. Such Links are provided for reference and convenience only. SimplyBe. does not control and is not responsible for the contents, availability, or policies of any website or application accessed via a Link. SimplyBe. has made no attempt to verify any information contained in any such Links. Furthermore, SimplyBe. is not a party to or responsible for any access, use or transactions you may engage in with third parties, even if you learn of such parties from SimplyBe. If you click on Links, you do so at your own risk and you acknowledge and agree that SimplyBe. is not liable for any claims and/or damages related thereto. We encourage you to be aware when leaving the Website(s) and to read the terms and conditions and privacy notice of each Link that is visited. SimplyBe. reserves the right to terminate any Link at any time in its sole and absolute discretion. SimplyBe. disclaims all warranties, express and implied, as to the accuracy, validity, and legality and/or otherwise of any materials and/or information contained on such Links.
Third Party Products. There may be third-party products, services, software, and/or social networks (collectively “Third-Party Products”) integrated into the Website(s). Please be aware that SimplyBe. is not affiliated with any Third-Party Products or the companies or providers that own or control such Third-Party Products. You agree to release SimplyBe. and such third-party providers from any liability related to your use of any Third-Party Products or any costs or charges related to such Third-Party Products. In order to use any Third-Party Products, you may be required to agree to that company’s terms and conditions and/or privacy notice. You agree to comply with the foregoing when using the Website(s). Where you decide to use such Third-Party Products, SimplyBe. is not a party to any contracts created between you and the provider of such Third-Party Product. SimplyBe. is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any Third-Party Products.
SimplyBe. reserves the right, in its sole and absolute discretion, to block you from the Website(s) or any portion thereof at any time, without notice, without liability and for any reason including without limitation if SimplyBe. suspects, in its sole and absolute discretion, that you (by information, investigation, conviction, settlement or otherwise) have violated any of the terms and conditions set forth herein, the Privacy Notice, any other policies provided by SimplyBe., or if you engage (or we suspect you have engaged) in an improper or fraudulent manner in connection with your access to and/or use of the Website(s). In the event you misuse the Website(s) by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, SimplyBe. may block you from the Website(s), without liability. In such event, SimplyBe. retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
If we block you from our Website(s), you may not access and/or use our Website(s) unless formally invited by SimplyBe. If you commit fraud and/or falsify information in connection with your use of the Website(s), you shall be liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Website(s).
If you violate this Terms we may block you from our Website(s) and you are prohibited from using the Website(s). Upon termination, the provisions of this Terms are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.
- ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Website(s) that contain typographical errors, inaccuracies, and/or omissions. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omissions; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions, specifications, and/or other information without obligation to issue any notice of such changes.
- COPYRIGHT COMPLAINTS
Should you believe anything on the Website(s) infringes on any copyright that you own or the copyright of others, you may notify the copyright agent (“Copyright Agent”) at SimplyBe., Attn: Copyright Agent, SimplyBe., Attn: Copyright Agent, 1000 N Milwaukee Avenue, Chicago, Illinois 60642. . We will respond to clear notices of copyright infringement when you provide the following information: (i) signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) description of the copyrighted work that is claimed to be infringed upon; (iii) description of where the material that is claimed to be infringed upon is located on the Website(s); (iv) information reasonably sufficient to permit contact (i.e.: an address, telephone number, and an e-mail address at which the complaining party may be contacted); (v) statement that the complaining party has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) statement by the complaining party, made under penalty of perjury, that complaining party is authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.
The Copyright Agent will not remove content from the Website(s) in response to phone or email notifications regarding allegedly infringing content, since a valid ‘DMCA’ notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website(s). All other inquiries directed to the Copyright Agent will not be responded to.
You agree to indemnify, defend and hold SimplyBe. and its affiliates, partners, officers, directors, employees, representatives and agents, harmless from and against any and all claims, demands, proceedings, actions, costs, liabilities, losses, awards, fees, damages of any kind, expenses (including without limitation attorney’s fees) arising out of and/or in relation to: (i) your use, misuse and/or abuse of the Website(s); (ii) any use of the Website(s) in breach of this Terms and/or Privacy Notice; (iii) your violation of any law and/or the rights of a third party; and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE(S) AND INFORMATION GIVEN BY SIMPLYBE. TO YOU ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’ BASIS, EXCEPT AS EXPRESSLY SET FORTH IN THIS TERMS. SIMPLYBE., ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD PARTY PROVIDERS, SUPPLIERS, RETAILERS AND VENDORS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, COMPLETENESS OR RELIABILITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AND/OR ANY OTHER WARRANTY, CONDITION, GUARANTEE AND/OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. SIMPLYBE., ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND ITS THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS, AND VENDORS DO NOT REPRESENT AND/OR WARRANT THAT ACCESS TO THE WEBSITE(S) AND/OR SIMPLYBE. INFORMATION WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE AND/OR ERROR-FREE, AND/OR FREE FROM LOSS AND/OR SECURITY BREACH OF TRANSMITTED INFORMATION, AND/OR THAT NO VIRUSES WILL BE TRANSMITTED THROUGH ACCESS TO AND/OR USE OF THE WEBSITE(S) AND/OR SIMPLYBE. INFORMATION. SIMPLYBE. YOU UNDERSTAND THAT SIMPLYBE. CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT INFORMATION AVAILABLE FOR DOWNLOAD FROM THE INTERNET OR THE WEBSITE(S) WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL AND/OR WRITTEN, OBTAINED BY YOU FROM SIMPLYBE. OR THROUGH YOUR ACCESS TO AND/OR USE OF THE WEBSITE(S) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS. TO THE FULLEST EXTENT PROVIDED BY LAW, SIMPLYBE. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE(S) OR INFORMATION OBTAINED THROUGH THE WEBSITE(S) OR RELATED TO YOUR DOWNLOADING OF ANY INFORMATION POSTED ON THE WEBSITE(S), OR ON ANY WEBSITE LINKED TO IT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- LIMITATION OF LIABILITY
YOUR ACCESS TO AND/OR USE OF THE WEBSITE(S) IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SIMPLYBE., ITS AFFILIATES AND ITS SUBSIDIARIES, IF ANY, AND ITS THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES ARISING OUT OF AND/OR RELATED TO YOUR ACCESS TO AND/OR USE OF THE WEBSITE(S), YOUR INABILITY TO ACCESS THE WEBSITE(S) AND/OR INFORMATION AND/OR LINKS ON THE WEBSITE(S), INCLUDING WITHOUT LIMITATION THOSE DAMAGES RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL AND/OR EQUITABLE THEORY, EVEN IF SIMPLYBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS OR LIMITATIONS HEREIN MAY NOT APPLY TO YOU IN SUCH LIMITED CIRCUMSTANCE. IN SUCH STATES, SIMPLYBE.’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU HEREBY AGREE TO RELEASE SIMPLYBE., ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SUPPLIERS, RETAILERS, AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE(S) OR SIMPLYBE. INFORMATION. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “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.” If you are a resident of another jurisdiction in which any other statute or common law principles of similar effect applies, you waive the application of such statute or common law with respect to the claims, demands and damages (actual and consequential) released under this Section.
- DISPUTE RESOLUTION
Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against SimplyBe., you agree to try to resolve the dispute informally by contacting us at [email protected]. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days after submission (or within a time period as otherwise agreed to by both parties), you and/or SimplyBe. agree to resolve any claims related to this Terms through mediation . Any and all controversies, disputes, demand, counts, claims, or causes of action (collectively “Actions”) between you and SimplyBe. or SimplyBe. employees, directors, officers, agents, successors, or assigns, shall exclusively be settled through mediation, except as set forth under ‘Exceptions to Agreement to Mediate’ and/or you opt out as described below. In all cases, any Actions must be commenced within one (1) year after the cause of action arises.
Opt-Out. You can opt-out and decline this agreement to mediate by contacting SimplyBe. within thirty (30) days from the date that you first became subject to this mediation provision. You must write us at SimplyBe. Agency, Attn: Opt Out Mediation, 1000 N. Milwaukee Ave., Chicago, IL 60642. . If you opt out, neither you nor SimplyBe. can require the other to participate in a mediation proceeding.
Mediation Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Mediate section below and/or if you opt out of mediation as described herein, all claims shall be settled by mediation in accordance with generally acceptable mediation process such as ‘JAMS’. Any such controversy and/or claim shall be mediated on an individual basis, and shall not be consolidated in any mediation with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the mediation of any disputes shall be treated by the parties, their representatives, and the mediator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The mediation shall be held in Cook County, Illinois or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any mediation proceedings.
Exceptions to Agreement to Mediate. Notwithstanding anything herein to the contrary, the request by either party for preliminary or permanent injunctive relief, whether prohibitive or mandatory, and other equitable remedies, including specific performance, shall not be subject to mediation, and any claims related to SimplyBe.’s intellectual property and/or Confidential Information shall be adjudicated only by the state or federal courts in Cook County, Illinois.
Waiver. There is no judge or jury in mediation and mediation procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, SIMPLYBE. AND YOU ARE EACH WAIVING ITS RESPECTIVE RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
- GEOGRAPHIC RESTRICTIONS
SimplyBe. headquarters are located in the State of Illinois in the United States. SimplyBe. provides this Website(s) for use only by persons located in the United States. We make no claims that the Website(s) or any of its content is accessible or appropriate outside of the United States. Access to the Website(s) may not be legal by certain persons or in certain countries. If you access the Website(s) from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
- CALIFORNIA USERS
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about SimplyBe. must be sent to our agent for notice to [email protected]. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
- GOVERNING LAW & VENUE
This Terms shall be governed by, construed and enforced in accordance with the substantive laws of the State of Illinois, without regard to its conflict of laws principles. The parties further agree that any cause of action arising under this Terms shall take place exclusively in the courts situated in Cook County, Illinois and the parties hereby submit to the venue of the courts situated therein. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
You may have other agreements with SimplyBe. Such agreements are separate and in addition to this Terms, unless otherwise agreed to by the parties in writing. You may not assign your rights and/or obligations under this Terms to any other party without our prior written consent. We may assign our rights and/or obligations under this Terms to any other party at our discretion. If any provision and/or term of this Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. If an applicable law is in conflict with any part of this Terms, this Terms will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or SimplyBe. of any breach and/or default and/or failure to exercise any right allowed under this Terms is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms. This Terms along with the Privacy Notice constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersedes all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter.
- CONTACT US
If you would like to request additional information regarding this Terms or if you have feedback about our Website(s), please contact us at [email protected].
If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us at [email protected] and SimplyBe. | 1000 N Milwaukee Ave #403 | Chicago IL 60642.
Last revised December 9, 2019