Terms & Conditions of Use

This document is an agreement between You, whether personally or an behalf of an entity, and Simple Precepts concerning your access to and use of the https://simpleprecepts.com website, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have read, understood, and agreed to be bound and abide by these Terms of Use (“Terms & Conditions of Use”), our privacy statement (“Privacy Statement”) and all additional terms or policies that apply.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

This Website is provided by:

Simple Precepts

Owner contact email: support@simpleprecepts.com

Definitions and legal references

This Website (the “Site”)
The property, media, social channels, and mobile applications that enables the provision of the Service.

Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We)
Simple Precepts – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service
The service provided by this Website as described in these Terms & Conditions of Use and on this Website.

Terms
Provisions applicable to the use of this Website and Services in this or other related policies, documents, and disclosures and disclaimers, subject to change from time to time, without notice.

User (or You)
The natural person or legal entity that uses this Website.

User Acknowledgement & Agreement

Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm and agree with the following requirements:

Acceptable Use

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

By reference, the following policies are incorporated into and become part of and subject to this Terms & Conditions of Use policy:

  • Privacy Statement
  • Cookie Policy
  • Anti-Spam Policy
  • Disclaimers & Disclosures
  • FaceBook™ Privacy Policy
  • Affiliate Agreement

Privacy Statement / COPPA Policy

We care about data privacy and security. Please review our Privacy Statement: https://simpleprecepts.com/index.php/privacy By using the Site, you agree to be bound by our Privacy Statement, which is incorporated into these Terms & Conditions of Use. Please be advised the Site is hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

California Users and Residents (CCPA)

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by Simple Precepts to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to or write us:

We take great pride in the relationship of trust and we are dedicated to treating your personal information with care and respect. Pursuant to California Civil Code Section 1798.83(c)(2), Simple Precepts does not share Users’ personal information with other companies or others outside for those parties’ direct marketing use unless a guest elects that we do so.  For more information about our privacy and data collection policies, you may wish to review our Privacy Statement.

If you are a California resident under the age of 18, and a registered user of any site where this policy is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to support@simpleprecepts.com Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal, even if requested.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

User Representations

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.

2. You will maintain the accuracy of such information and promptly update such registration information as necessary.

3. You have the legal capacity and you agree to comply with these Terms & Conditions of Use.

4. You are not a minor in the jurisdiction in which you reside.

5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.

6. You will not use the Site for any illegal or unauthorized purpose.

7. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You further agree to use your account for your personal access only, and agree not to share your account, registration, and login information with any other party and not to sell such account, registration, or login information to another party. Shared accounts will be terminated immediately upon discovery.

Content on This Website

Unless otherwise specified all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result.

In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights Regarding Content on This Website – All Rights Reserved

The Owner reserves and holds all intellectual property rights for any such content.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and all graphics, logos, images, and trademarks (Marks). Any use other than that which is expressly mentioned and permitted by these Terms & Conditions of Use must be authorized in writing by us prior to any such usage.

User Generated Contributions

The Site may invite you to chat, contribute to, comment on, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, feedback, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe on the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. You agree to produce for inspection such documentation within 3 business days of request by any authorized agent of the Site.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. You agree to produce for inspection such documentation within 3 business day of request by any authorized agent of the Site.

4. Your Contributions are not false, inaccurate, or misleading. You agree to provide supporting documentation within 3 business days of request by any authorized agent of the Site of any claims made regarding income results, effectiveness, or other claims deemed by us to be outside the scope of what the average person may expect to experience based on your claims. Any contributions that have been posted or submitted for posting to the Site may be denied or removed until such documentation has been provided.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone for any reason, including but not limited to Contributions referencing political persons, policies or events, religious events, figures, or systems of belief, social trends and events, or medical or disability status of an individual person or collective groups of persons.

8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in any way, especially in a sexual or violent manner.

12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you acknowledge and agree that all Contributions or other information regarding the Site provided by you to us are non-confidential and shall become our sole property. Further, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, without acknowledgment or compensation to you, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. Further, you hereby warrant that any such Contributions are original with you or that you have the right to submit such Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us for any alleged or actual infringement or misappropriation of any proprietary right in your Contributions.

We have the right, in our sole and absolute discretion to:

  1. Edit, redact, or otherwise change any Contributions.
  2. Re-categorize any Contributions to place them in more appropriate locations on the Site.
  3. Pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

Social Media

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either:

1. Providing your Third-Party Account login information through the Site; or

2. Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that:

1. We may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and

2. We may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

Facebook™ Privacy Policy

Simple Precepts (“we,” “us,” “our”) takes its user’s (“user”, “you,” “your”) privacy seriously. This Facebook privacy policy is designed to let you know what information we collect through our Facebook App and/or Fan Page, and is herein incorporated into and is part of not only this Terms & Conditions of Use document, but also  the global Privacy Policy that guides the interactions of this site with its users, which can also be found on this site.

We collect information in accordance with this Privacy Policy, and this Privacy Policy only applies to our information collection practices on Facebook. We intend to comply with the requirements outlined by Facebook as it pertains to Developers as outlined here https://developers.facebook.com/policy/ .

As required by Facebook’s Privacy Policy we have to let you know that we do not sell your data, however if we are acquired or are merged, we may transfer this data. In addition, you may request the removal of your data at any time by contacting us via email but we ask that you give us a reasonable amount of time to fulfill this request once it is made.

By using our Application and/or Page you agree that you are granting us the right to use, copy, display, distribute, deliver, render, and publicly perform any content that you provide to us. The use of our Application and/or Page is also prohibited in certain countries, specifically ones that have blocked the use of Facebook or where your use or our content would be prohibited.

Type of Information We Automatically Collect from Users

The information we collect depends on the information you allow others to view on your Facebook profile. However, we will collect at least the following information about you:

  • Name
  • Email
  • Gender
  • Birthday
  • Current City
  • Your profile picture
  • IP Address
  • Browser Type
  • Interactions with our App or Facebook Page

Type of Information We Might Collect If You Have Authorized Us to Collect

As we said before, we may collect more information depending on whether you have allowed us to collect it based on your user settings. This includes:

  • Networks
  • Friends List
  • Pages
  • Interests
  • Information about how you interact with your friends
  • Profile information
  • Posts you have “liked”
  • Contact information
  • Status Updates
  • Calendar of Events
  • Whether or not you are online
  • “check ins” and friends that have checked you in
  • posts or pictures you are tagged in

How We Use Your Information

We will use your information to operate our website and business activities, including marketing of products and services we believe would be of interest and of help to you in ways related to the content of and scope of https://simpleprecepts.com. Purchases resulting from these marketing efforts may result in a commission being paid to the owner of momwithme.net, at no added cost to you. We will not knowingly sell, rent, or share your information with anyone else for commercial purposes.

Who Do We Share Your Information With?

Application Partners and Third Party Service Providers: We may share your information with third parties we have partnered with specifically for our Application and/or Fan Page. In addition, we may hire outside companies or third parties to help us manage, create, or maintain our Application and/or Fan Page. These parties are contractually obligated to keep your information confidential, and they will only have access to information that is needed to perform their job.

Other Users: If you have given us permission, and if one of the functions of our Application and/or Fan Page is to allow you to interact with others, you are going to be giving us the ability to share certain information with other users. However, we only share this information if you have allowed us to and if it is allowed by Facebook. We may also analyze how you interact with other users and then aggregate this information, in an anonymized form, to allow us to see how you use our Application and/or Page.

Legal Uses: We may disclose your information if required by a subpoena, through any legal process, to comply with any law or regulation, or by request of any law enforcement agency. We may also disclose your information if we reasonably believe it is necessary to prevent harm or injury or loss, in any way, to us or any third party.

Business Acquisition or Merger: If we are acquired or sell our business we may transfer your information. You may contact us in the event this happens if you have any concerns with the transfer of your data.

Controlling your Data

You may request that we delete any data about you at any time. Unless you do so, however, we may retain your data until you ask us to delete it, even if we discontinue the Application and/or Page. You may also stop us from collecting information about you if you uninstall our App or remove yourself from our Page or if your account is deleted. We may provide you with the ability to review, correct, or delete your information.

Other Disclosures and Assurances

We DO NOT sell/transfer/give information about your use of Facebook to third parties unless authorized in this Agreement.

We use reasonable safeguards and protections to protect your data. We may have servers located in different jurisdictions so you are consenting to the transfer of this information to any of our servers.

We do not allow users under 13 to use our Application or Fan Page and will delete anyone we suspect is under age.

We may update this Facebook Privacy Policy as needed. If we do, we will post a notice on here of the changes and when this Policy was last updated.

Linking To and From the Site

The Owner of https://simpleprecepts.com welcomes links to this Site, made in accordance with the terms of this linking policy.

The terms set forth in this linking policy are incorporated herein to the full Terms & Conditions of Use agreement and by linking to our Site, you agree to be bound by the terms set forth here.

By linking to our Site, you agree:

1. Links pointing to https://simpleprecepts.com will not be misleading or misrepresent the nature and scope of the content provided.

2. When creating links to our Site, appropriate link text will always be used. Should there be any question as to the appropriateness of the linking text, you will seek our approval before posting live links.

3. From time to time we may update the URL structure of our website, and unless we agree in writing otherwise, you are responsible for updating said links.

4. You must not use our logo to link to this website (or in any other way) without our express written permission.

5. You must not frame the content of this website or use any similar technology in relation to the content of this website.

Links from this website.

By using this Site or clicking on any links contained within, you acknowledge and agree:

1. This website includes links to other websites owned and operated by third parties. These links are not endorsements or recommendations.

2. The Owner of https://simpleprecepts.com has no control over the contents of third party websites.

3. The Owner of https://simpleprecepts.com accepts no responsibility for links leading away from the Site, nor for any loss or damage that may arise from your use of them.

Removal of links.

You agree that, should we request the deletion of a link to https://simpleprecepts.com that is within your control, you will delete the link promptly.

If you would like us to remove a link to your website that is included on https://simpleprecepts.com, please contact us at support@simpleprecepts.com. Note that unless you have a legal right to demand removal, such removal will be at our discretion.

Guidelines for Reviews

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

1.You should have firsthand experience with the person/entity being reviewed.

2. Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.

3. Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.

4. Your reviews should not contain references to illegal activity.

5. You should not be affiliated with competitors if posting negative reviews.

6. You should not make any conclusions as to the legality of conduct.

7. You may not post any false or misleading statements.

8. You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

Testimonial Policy

DMCA Policy

How to File a Takedown Notice (called a “DMCA notice”)

If copyright holders or their agents believe that any content on this Website infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the Owner’s Designated Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
  • Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright Owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be submitted to the Owner’s Designated Copyright Agent at the following address:

Integrity NWATTN: Copyright AgentPO Box 576Milton, WA 98354dcma@venturemasters.net

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us through our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;

(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;

(4) your name, address, and telephone number;

(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent:

Integrity NWATTN: Copyright AgentPO Box 576Milton, WA 98354

dcma@venturemasters.net

Access to External Resources Through Third-Party Websites

The Site may contain links to other websites (“Third-Party Websites”) or you may be sent via this Site to these other websites. Users may have access to external content and resources provided by third parties; external meaning not located on or hosted by this Site. Users acknowledge and accept that the Owner has no control over such content and resources and the appropriateness of such materials, and is therefore not responsible for their content and availability.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern your use of such resources. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described above, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers purchasing ad space from us.

Site Management

We reserve the right, but not the obligation, to:

1. Monitor the Site for violations of these Terms & Conditions of Use;

2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms & Conditions of Use, including without limitation, reporting such user to law enforcement authorities;

3. In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

4. In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and

5 Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Modifications and Interruptions

We reserve the right to change, modify, or remove any content from the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. If the Site is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms & Conditions of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc). We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Term and Termination

These Terms & Conditions of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Governing Law

These Terms and Conditions of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms & Conditions of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually a “Party” and collectively the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided for below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Thurston County, Washington. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Thurston County, Washington, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms & Conditions of Use.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Liability and indemnification

Australian Users

Limitation of Liability

Nothing in these Terms & Conditions of Use excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

DISCLAIMER OF WARRANTIES

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM OWNER OR THROUGH THE SERVICES OF THIS SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE AND ITS RELATED SERVICES IS DOWNLOADED AT THE USER’S OWN RISK AND USERS SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER’S COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USER’S USE OF THE SITE AND RELATED SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS, DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO USERS. THIS AGREEMENT GIVES USERS SPECIFIC LEGAL RIGHTS, AND USERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees, be liable for:

1. Any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service;

2. Any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;

3. Any errors, mistakes, or inaccuracies of content;

4. Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;

5. Any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;

6. Any interruption or cessation of transmission to or from the Service;

7. Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service;

8. Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service;

9. The defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 3 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. These terms give Users specific legal rights, and Users may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

1. User’s use of and access to the Site and its Services, including any data or content transmitted or received by User;

2. User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;

3. User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;

4. User’s violation of any statutory law, rule, or regulation;

5. Any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;

6. User’s willful misconduct;

7. Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

Miscellaneous

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms & Conditions of Use or use of the Site. You agree that these Terms & Conditions of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms & Conditions of Use and the lack of signing by the parties hereto to execute these Terms & Conditions of Use.

Changes to These Terms

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms & Conditions of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms & Conditions of Use, and you waive any right to receive specific notice of each such change. It is the user’s responsibility to periodically review these Terms & Conditions of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions of Use by your continued use of the Site after the date such revised Terms & Conditions of Use are posted.

No Waiver

These Terms & Conditions of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

Assignment of Contract

These Terms & Conditions of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.Provisions regarding changes of these Terms will apply accordingly.Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Severability

If any provision or part of a provision of these Terms and Conditions of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions of Use and does not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.

Contacts

All communications relating to the use of this Site or resolution of any complaint regarding this Site should be sent to the following address:

SIMPLE PRECEPTSPO BOX 576Milton, WA 98354 USAsupport@simpleprecepts.com

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