These Terms and Conditions are rules which you as the user must agree to abide by in order to use our Website and Services. These websites iamsimplylovable and iamsimplylovable.shop (“Site” “Service”) is operated by Simply Lovable, LLC ("Company," "we," or "us"). The terms and conditions available on this website ("Terms of Use") simply describe how you use our programs, products and services, and their contents. Please read carefully. We have the right to change these Terms and Conditions from time to time without notice. You agree that your visit to this site is subject to the current Terms of Use at that time.

 

KINDLY GO THROUGH THESE TERMS AND CONDITIONS THOROUGHLY  BEFORE USING THE WEBSITE.

Simply Lovable, LLC offers the Services conditioned upon your acceptance of these Terms, and your continued use of the Services constitutes your agreement to these Terms. Kindly refrain from using this service, if you choose not to be bound by these terms. We hold the right at any time and without prior notice to revise these Terms.  Simply Lovable, LLC will post changes on the Site and it is your responsibility to review these Terms and any modifications.

 

Eligibility

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C. The Site is offered and available to users who are able to enter into binding contracts in the state in which they reside. By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet the foregoing eligibility requirements. 

 

Modifications to the Terms and Conditions

Simply Lovable, LLC reserves the right to update, modify or terminate these terms, the Site and/or Service, or to terminate your access to the Site, at any time and without notice. In addition, Simply Lovable, LLC may change these Terms and Conditions at any time. Access to certain areas or services available through the Site may require you to consent to additional or different terms and conditions of use. YOU MUST ACCEPT ANY REVISED TERMS OF SERVICE OR REVISED ADDITIONAL TERMS BEFORE YOU WILL BE PERMITTED TO CONTINUE TO USE THE SERVICES. IF YOU DO NOT ACCEPT ANY REVISED TERMS OF SERVICE OR REVISED ADDITIONAL TERMS, YOU WILL NOT BE PERMITTED TO CONTINUE TO USE THE SITE AND SERVICES.

 

Use of the Services

Simply Lovable, LLC grants you a non-exclusive, non-transferrable, revocable license to use the Services, (subject to payment, where applicable), for your personal use only, in accordance with these Terms. We reserve all rights that we do not expressly grant in these Terms. We may change, suspend or discontinue any aspect of the Services at any time, including the availability of any feature or content. Without limitation of any of our other rights or remedies at law, in equity or under these Terms, we may terminate your license to use the Services, in whole or in part, including your right to use any service, without providing any refund, if we determine, in our sole discretion, that you have breached or violated any of the provisions of these Terms.

 

Website Content

"Website Content" means all data and any other materials displayed on the Site or connected with the Service, in particular, the software on which the Service is based. The Content may contain omissions, errors, or maybe out of date. We reserve the right to change, delete, or update the Content at any time without providing further notice.   All Content (except User Content) that appears as part of the Service remains our property unless the Content is provided by a third party that retains the rights on such Content.

 

Except as expressly provided in these Terms and Conditions, no Content may be copied, reproduced, republished, licensed, leased, rented, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without our express prior written consent unless it is expressly allowed by the Service. 

 

Trademarks

The information and materials provided on or through the websites, including any content, data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Simply Lovable, LLC or our licensors and are intended to educate you and inform you about the services offered or described on the website. Subject to your compliance with these Terms, you may use the Materials solely for your personal, non-commercial use, provided that you do not remove any copyright or other proprietary notices contained therein. Subject to your compliance with these Terms, we grant you a limited license to use the Services and Materials for your personal use only; provided that you may not use, reproduce, modify, display, publicly perform, distribute, create derivative works of or circumvent any technological measure that effectively controls access to the Services and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with us. Use of the Services and Materials for any purpose other than as expressly authorized in these Terms is a violation of our copyrights and other proprietary rights and is strictly prohibited.

 

Except as expressly set forth in these Terms, the Services, including all software, databases, proprietary information, documentation, software, contents, computer codes, ideas, know-how and Materials (and all modifications and derivative works thereof and any intellectual property and other rights relating thereto or contained therein) including, without limitation, the selection, compilations, sequence and “look and feel” and arrangement of items, is owned and operated by us and will remain our exclusive property. You acknowledge that the Services and Materials are protected by copyright, trademark and other laws. You further acknowledge that you do not acquire any ownership rights by using the Services or the Materials. You shall not challenge, contest or otherwise impair our ownership of the Services and Materials and the content therein.

 

The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks”) are registered and unregistered trademarks of us and our advertisers, licensors, suppliers and others. The Trademarks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not offered by us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of us, our licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and we will aggressively enforce our intellectual property rights in such Trademarks, including via civil and criminal proceedings.

 

Your Content

We may provide the opportunity for you to provide content or materials (“Your Content”) by means of the Services, including by communicating with us directly. You grant to us and our affiliates a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, assignable, transferable, right and license to reproduce, display, perform, transmit, modify, publish, create derivative works from and otherwise use Your Content in any formats or media now known or hereafter devised, in connection with our provision or promotion of information services.

 

Request for Permission to Use Content

Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by completing the “Contact Us” form on this Website, or by sending an e-mail to withlove@iamsimplylovable.com. 

 

We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.

 

Privacy

Your use of the Services is subject to our Privacy Policy, which is incorporated into these Terms.  By using any of the Services, you acknowledge and consent to our collection and use of information as set forth in the privacy policy.

 

Products And Services

Certain products or services may be available exclusively online through the website. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

Commercial Transactions

The Services allow you to purchase products or services. To purchase any products or services through the Services, you must: (a) be at least eighteen years of age, (b) provide us with valid payment information associated with a credit card or other payment method that you are authorized to use, and (c) authorize us to charge your credit card or other payment methods such as Stripe, Google Play, Apple Pay, PayPal, etc. for the price of the products or services that you request, together with any taxes, or fees that will be described at the time of purchase.

 

In offering product descriptions on the Services, we attempt to be accurate, but we do not warrant that any product description is accurate, complete, or error-free, nor do we represent that any product will diagnose, treat, cure, or prevent any disease. If you receive a product and believe that it materially differs from the product description, your sole remedy will be to return the product to us for a refund in conformance with the return policy listed on the Services. Likewise, we attempt to list the current price for each product that we sell, but a small number of products may be mispriced. In these cases, we will notify you before shipping the product of the corrected price and will either cancel your order or give you an opportunity to cancel your order or decide to keep your order.

 

In the event that a product or service is listed at an incorrect price due to pricing information or typographical error, Simply Lovable, LLC shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled,  Simply Lovable, LLC shall promptly issue a credit to your credit card account in the amount of the incorrect price.

 

Fees 

For all charges or deposits for any products or services ordered by you on or through the Web Site,  Simply Lovable, LLC will bill your bank card or alternative payment method offered by  Simply Lovable, LLC and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse  Simply Lovable, LLC and its vendors or agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Web Site. You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

 

Coupons

Simply Lovable, LLC may occasionally advertise or give out Coupons, you agree and accept that the Coupons and promotional codes provided to you are for your individual use only. You may not transfer, reproduce, trade, offer for sale, publish or otherwise share the Company coupons and promotional codes unless the terms of the coupon or promotional code expressly allow you to do so. We reserve the right to cancel orders when we have reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code offering at any time and/or set expiration dates for such offers at any time and in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases.

 

Our Management of the Site

We may but are not required to (a) monitor or review the Site for violations of these Terms of Service or any Additional Terms and for compliance with our policies; (b) report to law enforcement authorities or take legal action against anyone who violates these Terms of Service or any Additional Terms; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Content including User Content or portions thereof that may violate these Terms of Service or any Additional Terms, the law or any of our policies, or are excessive in size or burdensome, without prior notice to you; and/or (d) manage the Site in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Site.

 

Without limiting any other provisions of these Terms of Service or any Additional Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or any Additional Terms, or of any applicable law or regulation.

 

Acceptable Use Policy

The following states Simply Lovable, LLC. "acceptable use policy":

 

Compliance

You consent to the following: (1) You will not use the website if you are not fully capable and legally competent to accept these Terms of Service. (2) YOU WILL ONLY USE THE WEBSITE IN AGREEMENT WITH THE LAWS AND REGULATIONS OF THE JURISDICTION IN WHICH YOU USE THE WEBSITE, AND FEDERAL LAWS, POLICIES OR GUIDELINES (collectively, "Applicable Law"). (3) The website will not be used to send or store material prohibited by applicable law or for fraudulent purposes or to engage in offensive, indecent, or questionable behavior. 

 

General Restrictions

You acknowledge not to use the website to collect, upload, transmit, display or distribute any general content (as defined below) (1) that violates any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, advertising right or any other intellectual property rights; (2) that is unlawful in your jurisdiction, harassment, assault, threatening, harmful to the privacy of another, indecent, abusive, false, deliberately misleading, pornographic, lewd, patently offensive (for example, material that promotes racism, intolerance, hatred or physical harm of any kind against any group or individual) or objectionable content of any kind or nature or that is in any way harmful to minors; or (3) in violation of any law, regulation or obligation or limitation imposed by any third parties.

 

Technology Restrictions

You admit not to use the website to do the following: (1) Upload, transmit or distribute viruses, worms, or software designed to harm or remodel a computer system. (2) Send unrequested or unauthorized ads, promotional material, unsolicited mail, spam, chain letters, pyramid schemes, or any other form of duplications or unwanted messages, whether commercial or otherwise. (3) Receive and assemble data about other users, including email addresses, without their consent. (4) interfere with, disrupt or create an undue burden on servers or networks connected to the website or the Services or violate the regulations, policies, or procedures of such networks. (5) Attempt or impersonate another user or Simply Lovable, LLC or gain unauthorized access to the website, other computer systems, or networks connected or used in conjunction with the website, by extracting passwords or other means. (6) harass or interfere with the use and enjoyment of the website by another user. (7) Introduce automated software or agents or scripts on the site to produce multiple accounts, generate searches, requests, and automated queries or delete, scrape, or extract data from the website.

 

Declarations and Guarantees

You declare and warrant that you will not perform any of the following operations: (1) Decompile, disassemble, compile in reverse, assemble in reverse, translate in reverse or otherwise decode any part of the website or part thereof (except as and only to the extent applicable prohibits any of the above limitations. (2) Use any means to find the source code of any part of the website. (3) Remove or modify any copyright notice or other proprietary rights or legend of restrictive rights content or included in the site. (4) Otherwise, avoid any functionality that controls access or protects the website. (5) Distribute, sell, assign, copper, transfer, rent, rent, lend, license, modify, share on time, or exploit the website in any unauthorized manner.

 

We hold the right to delete or remove any content set out in our sole discretion that violates the Acceptable Use Policy in these Terms of Service. In addition, if you violate these restrictions, the limited license granted in this document will expire immediately, and you may be sued and charged with damages.

 

Automated Activity

We may use robot exclusion methods on the site, which include robots.txt files and HTML meta tags, which allow or expressly exclude specific automated programs from accessing certain parts of the site. You agree not to use robots, spiders, scraper or other automated means to access the website for any purpose, including, but not limited to, "offline" search and duplication, without express written permission from us. Furthermore, you agree not to omit our robot exclusion methods or other measures we may use to prevent or restrict access to the site.

 

Electronic Communications

When you access or use the Services, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with the Company electronically. We may communicate with you by e-mail or by posting notices through one or more of the Services. You agree that all notices, disclosures, agreements, policies, and other communications that the Company provides to you electronically satisfy any requirement that such communications be in writing.

 

Mobile Service

The Site may include certain services that are available to you via your mobile phone or other mobile devices if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from Simply Lovable, LLC, and access certain other features. 

 

Reliance on Information and Links

The contents of our site (including links to other sites and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any services or information available through this website meet your specific requirements.

 

ALL ITEMS AND MATERIALS DISPLAYED BY SIMPLY LOVABLE, LLC ON THE WEBSITE ARE ONLY FOR INFORMATION AND, ARE NOT SUBSTITUTED FOR SPECIFIC ADVICE. We do not represent or warrant the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the website. You acknowledge that relying on such materials, opinions, advice, comments, or information will be at your own risk and danger. 

 

Continuous Availability of the Website

We will do our possible best to warrant that the access to the site is continuously available, without interruptions and without errors. Nevertheless, due to the nature of the Internet and the nature of the site, this cannot be guaranteed. In addition, your access to the website may also be suspended or occasionally limited to allow repairs, maintenance, or the introduction of new facilities or services at any time without notice. We will strive to limit the number and duration of such suspensions or restrictions.

 

Third-Party Links 

From time to time, this Web Site may contain links to Websites that are not owned, operated or controlled by Simply Lovable, LLC or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Websites, or any content, materials or other information located or accessible from any other Websites, or the results that you may obtain from using any other Websites. If you decide to access any other Websites linked to or from this Website, you do so entirely at your own risk.

 

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SIMPLYY LOVABLE, LLC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER SIMPLY LOVABLE, LLC NOR ANY OF ITS RESPECTIVE AFFILIATES NOR SUPPLIERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. 

 

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST SIMPLY LOVABLE, LLC, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE ARISING OUT OF, OR IN CONJUNCTION WITH YOUR USE OF THE WEB SITE.

 

Limitation of Liability

To the greatest extent permitted by applicable law, neither we, nor our suppliers or third-party content providers, will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (1) the Services (including any delay or inability to use the Services), (2) any information, products or services advertised in or obtained through the Services, or (3) our removal or deletion of any materials submitted or posted on the Services, whether based on contract, tort, strict liability or otherwise, even if we or any of our suppliers have been advised of the possibility of damages.

 

The information, software, products, and service included or available through the website may include inaccuracies or typographical errors, therefore changes are periodically added to the information on the websites. Simply Lovable, LLC and/or its suppliers may make improvements and/or changes at any time.

 

Simply Lovable, LLC or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Simply Lovable, LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

 

We each agree that any dispute proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

If you are dissatisfied with the use of the website, products, or any portion thereof, our sole and exclusive remedy for any claims or disputes involving us that are not waived by these Terms will be to discontinue your use of the website and/or services.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify  Simply Lovable, LLC, and their respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.  

 

Jurisdiction and Venue

The laws of the United States govern these Terms and any dispute of any sort that may arise between you and Simply Lovable, LLC or its affiliates. You irrevocably consent to the jurisdiction of the state and federal courts located in Florida for any action relating to the Services or these Terms. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

 

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one year after such claim or action accrued. Otherwise, you will waive the claim or action.  We make no representation that Content on any Services is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.

 

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms at any time by posting revised terms on the Services. It is your responsibility to check periodically for any changes we may make to these Terms. Your continued use of the Services following the posting of changes to these terms or other policies means you accept the changes.

 

Termination

These Terms of Use constitute an agreement between you and the Company, which the Company may terminate in its sole discretion, in whole or in part, at any time and for any reason. If the Company terminates this agreement with you, you may no longer access the Services. Upon termination of this agreement or your access to the Services, you will immediately destroy any copies of any Content, whether in printed or software format. Otherwise applicable portions of the Terms of Use survive termination of these Terms, including applicable portions of the sections relating to User Submissions; Links to Third Party Websites; Electronic Communications; Disclaimers; Limitation of Liability; Indemnification; Jurisdiction and Venue; Termination; and Entire Agreement, Severability, No Waiver.

 

Entire Agreement; Severability; No Waiver

These Terms, together with the Privacy Policy incorporated within them by reference and any policies that we post on the Services, including the Mobile Alerts Terms of Use, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any provision of these terms is deemed unlawful, void or unenforceable, the remaining provisions will remain in place and the invalidated provision will be deemed replaced by an enforceable provision that most closely reflects the intent of the parties.

 

Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.

 

How to Contact Us

If you have any questions or comments about these Terms or the Website, please contact us by email at withlove@iamsimplylovable.com.