Website Terms and Conditions of Use with Disclosures and Disclaimers

By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by Simply Kinder LLC and www.simplykinder.com (collectively “Simply Kinder”).

This website includes materials protected by intellectual property laws, including but not limited to written text, logos, photos, videos, music, art, designs, software, functionality, audio and graphics. You may view, download and purchase materials from this website for personal and educational purposes only. You may not republish, reproduce, duplicate, copy, distribute, upload, post, encode, transmit, or otherwise use any material from this website for commercial purposes. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.

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; (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, chat bot, 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, in 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.

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. Any personally identifiable information you provide as part of the registration process is governed by the terms of this website’s Privacy Policy.

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

• 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 in 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 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. 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.

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.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND 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.

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. The nearest state and federal court to Peoria, Arizona shall have exclusive jurisdiction over any case or controversy arising from or relating to this website, including but not limited to the Privacy Policy or these Terms. By using this website, you hereby submit to the exclusive jurisdiction and venue of these courts and consent irrevocably to personal jurisdiction in such courts and waive any defense of forum non conveniens.

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 and are responsible for compliance with local laws, if and to the extent local laws are applicable.

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 jennifer@simplykinder.com

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 in violation of these Terms of Use, (ii) any breach by you of these Terms of Use 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 (except to the extent a claim is based upon infringement of a third-party right by materials created by Simply Kinder 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 Terms.

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. The advertising content, topics or posts on this website may be influenced by the compensation received.  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 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.

Simply Kinder has relationships with the following companies, organizations or individuals, which may impact the content of this website:

Simply Kinder receives payment from AdThrive and ESGI and accepts affiliate commissions from Amazon.

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. This agreement supersedes all prior written and oral representations.

Updated on [February 6th, 2021]