Website Terms and Conditions of Use with Disclosures and Disclaimers
THESE TERMS AND CONDITIONS OF USE CONTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use (the ‘Terms”) by Simply Kinder LLC (“Simply Kinder”) and www.simplykinder.com, www.simplykinderplus.com and the related private Facebook group (collectively “Website”). Simply Kinder LLC owner and operator of this Website, is a limited liability company formed under the laws of the state of Arizona, United States.
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms. Simply Kinder reserves the right to modify, alter, amend or update its Website, policies, and these Terms. These Terms are subject to change without notice. If you do not agree with or do not accept any part of these Terms, you must not use the Website. Your continued use of any part of the Website constitutes your acceptance of such changes to the Terms. You should review the Terms periodically to determine if any changes have been made.
If you submit, comment, or post any materials (such as photos, videos, or written content) or written content) to this Website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials and you have the right to grant the licenses below; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (4) you grant Simply Kinder a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (5) you grant, and have the right to grant, Simply Kinder a perpetual, royalty-free, worldwide non-exclusive license and release to 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 your name and likeness in connection with such materials for any purposes, including commercial purposes, advertising, preparation of derivative works or incorporation with other works. Simply Kinder does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this Website and any third-party forums operated by Simply Kinder, such as our private Facebook group. Any material you post on this Website and third-party forums operated by Simply Kinder becomes public. You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material on this Website and any third-party forums Simply Kinder operates at your own risk. Any communication by you on this Website and third-party forums Simply Kinder operates, whether by leaving a comment or participating in a chat room, message board, public forum, chatbot, contact submission form, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, discriminatory, hate speech, defamatory or obscene, or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Simply Kinder, at its discretion, may delete or modify, in whole or part, any post, comment, or submission to this Website or to any third-party forums operated by Simply Kinder without notice. Simply Kinder does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. Simply Kinder neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this Website or any third-party forums that Simply Kinder operates. Simply Kinder shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this Website or any third-party forums that Simply Kinder operates.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER PARTICIPANTS ON THE WEBSITE. YOU ACKNOWLEDGE AND UNDERSTAND THAT SIMPLY KINDER HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS PARTICIPANTS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS PARTICIPANTS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS PARTICIPANTS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER PARTICIPANTS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER PARTICIPANT IN PERSON. SIMPLY KINDER DOES NOT REPRESENT, WARRANT, ENDORSE OR GUARANTEE THE CONDUCT OF ITS PARTICIPANTS. IN NO EVENT SHALL SIMPLY KINDER BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PARTICIPANT’S CONDUCT, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN PARTICIPANTS.
Simply Kinder reserves the right to report to the appropriate authority any post, comment, message or participant that Simply Kinder deems, in its sole discretion, may implicate the safety of either a participant or a third-party. Simply Kinder may disclose information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.
To access certain features of this Website, including your account or the private membership Facebook group, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current, and complete information about yourself. If Simply Kinder has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from this Website or any third-party forums Simply Kinder operates, to any other person, Simply Kinder has the right to suspend or terminate your account and refuse any and all current or future use of this Website or its online material, in whole or part, without refund. If you suspect your password has been compromised, you must notify Simply Kinder immediately at [email protected]. Simply Kinder will not be liable for any loss caused by the unauthorized use of your user account; however, you may be liable to Simply Kinder or other third parties for any losses incurred due to such unauthorized use.
You are strictly forbidden from the following:
• Causing damage to this Website or third-party forums operated by Simply Kinder;
• Using this Website or third-party forums operated by Simply Kinder for any unlawful, illegal, fraudulent, or harmful purpose or activity;
• Using this Website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger, or other malicious software;
• Using this Website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes;
• Systematically or automatically collecting data from this Website; and
• Sharing private and proprietary information from online courses with anyone else.
Simply Kinder may, without notice, refuse access to its Website, in whole or part, to any person that fails to comply with these Terms.
We may post separate rules regarding your behavior in any online community or third-party forum that we may operate, such as our private Facebook group, which may be updated from time to time. You agree that you are bound by those rules and they are expressly incorporated into these terms.
DISCLAIMER: This Website provides information and education only, and does not provide any financial, legal, medical, or psychological services or advice. None of the content on this Website prevents, cures, or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions, and results. Simply Kinder disclaims any liability for your reliance on any opinions or advice contained on this Website. The content and materials found on Simply Kinder’s Website are to be used as a tool for education. Simply Kinder’s Website and the content and materials on it are meant to be used as supplemental and are made to partner with good teaching methods. Simply Kinder assumes no responsibility for errors or omissions that may appear on the Website. Simply Kinder shall not be responsible or liable for providing inadequate education or educational malpractice.
NO GUARANTEE OF RESULTS: You agree that Simply Kinder has not made and does not make any representations about the results you may receive. Simply Kinder cannot and does not guarantee that you will achieve any particular result from your use of the Website, and you understand that results differ for each individual.
Any links to third-party products, services, or sites are subject to separate terms and conditions of such parties and you agree to be bound by such policies. Simply Kinder is not responsible for or liable for any content on, purchases or actions taken by such third-party company or website. Any links to any third-party products, services or sites do not imply Simply Kinder’s approval or endorsement of their content, actions, or comments. Although Simply Kinder may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Simply Kinder harmless from any and all liability in any dispute.
TAKEDOWN REQUESTS: From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to [email protected] and we will remove the image within 24 to 48 hours.
COMMUNICATION: If you send Simply Kinder an email, register to use the Website or provide your email to Simply Kinder in any other way, you consent to receive communications from Simply Kinder electronically. You agree that all legal notices provided via electronic means from Simply Kinder satisfy any requirement for written notice.
COMPANY’S RIGHTS & EQUITABLE RELIEF: You acknowledge that Simply Kinder may revoke your use/access to the Website at any time in its sole discretion for any reason. You acknowledge and agree that in the event of certain breaches of the Terms, Simply Kinder may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Simply Kinder shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
ADVERTISERS: We allow advertisers to display their advertisements and other information in certain areas of the Website, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Website and any services provided on the Website 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 Website, including, but not limited to, intellectual property rights, publicity rights and contractual rights. Simply Kinder simply provides the space to place such advertisements, and we have no other relationship with advertisers.
LIMITATION OF LIABILITY: THE WEBSITE AND THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND AS AVAILABLE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SIMPLY KINDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SIMPLY KINDER DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SIMPLY KINDER SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE, THE PRODUCTS, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
CHOICE OF LAW & ARBITRATION: These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to its conflict of laws. Any controversy or claim arising out of or relating to the Website, Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Maricopa, Arizona. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Website, or Terms. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR A COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
LEGAL COMPLIANCE: Simply Kinder controls and operates this Website from offices in the United States. Simply Kinder does not represent that materials on this Website are appropriate or available for use in other locations. People who choose to access this Website from other locations do so on their own initiative. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, products, services, and any software provided therein.
Simply Kinder may change, modify or update these Terms at any time without notice. Any access or use of this Website by you after Simply Kinder posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [email protected]
INDEMNITY: You agree to defend, indemnify and hold harmless Simply Kinder and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of this Website , (ii) any breach by you of these Terms or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to this Website, (iv) your use of materials or features available on this Website or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
FORCE MAJEURE: Simply Kinder shall not be deemed in breach of these Terms if Simply Kinder is unable to provide the products or services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Simply Kinder, or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Simply Kinder’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Simply Kinder shall give notice to you of its inability to perform or of delay in completing or delivering the products or services and shall propose revisions to the schedule for completion or delivery of the products or services or other accommodations or may terminate the sale of such items.
DISCLOSURE POLICY: This Website is written and edited by Simply Kinder and its agents, employees, contractors, and contributors. Simply Kinder does accept forms of cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation from third parties.
Simply Kinder believes in honesty. Any content, advertising space or posts will be clearly identified as paid or sponsored content.
Even though we receive compensation for some of our posts, online content, or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Website by Simply Kinder are purely those of Simply Kinder. Any product claim, statistic, quote or other representation about a product or service may have been provided to Simply Kinder by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
Simply Kinder is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
Simply Kinder also receives payment from AdThrive and ESGI.
CHILDREN’S INFORMATION: The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact Simply Kinder immediately at [email protected] and we will use our best efforts to promptly remove such information from our records.
GENERAL PROVISIONS: If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. These Terms supersede all prior written and oral representations. The Terms may not be assigned by you without Simply Kinder’s prior written consent; however, the Terms may be assigned by Simply Kinder at its sole discretion.
Simply Kinder may change, modify or update these Terms at any time without notice. Any access or use of this Website by you after Simply Kinder posts such changes shall constitute consent of such modifications.
The failure of Simply Kinder to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms by Website or Simply Kinder must be in writing and signed by an authorized representative of Simply Kinder.
All notices with respect to the Terms must be in writing and may be via email to [email protected] for Simply Kinder and to your email address. If you have any questions or concerns about these Terms, please contact us.
Updated on July 6, 2022