TERMS OF USE

This website is operated by Simplio Labs.
The mailing address for Simplio Labs is 2001 Tyler St, STE 201, Hollywood, FL 33020.

Your Use of This Website and Simplio Labs Affiliated Websites is Governed by These Terms of Use
Please take a few minutes to review these Terms of Use. Your use of this website or other Simplio Labs affiliated websites (collectively, the “Site”) constitutes your agreement to follow these Terms of Use and to be bound by them. If you do not want to be bound by these Terms of Use, please do not use the Site.

Privacy
Please review our Privacy Policy, which also governs your use of this Site. Our Privacy Policy is incorporated by reference into these Terms of Use, and your use of this Site constitutes your agreement to be bound by the Privacy Policy.

Paramountcy
To the extent applicable, these Terms of Use and the terms of any Simplio Labs-branded credit agreement you have or may use in connection with this Site are to coexist and be read consistently with one another. To the extent there is any conflict or inconsistency between the provisions of these Terms of Use and the provisions of any Simplio Labs-branded credit agreement you have or use in connection with this Site, the provisions of the Simplio Labs-branded credit agreement shall govern.

These Terms of Use May Change
Simplio Labs reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of this Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use this Site.

Use of This Site
By using this Site and accepting these Terms of Use, you certify that you are 18 years of age or older. Anyone under the age of 18 should not use this Site unless supervised by an adult who agrees to be bound by these Terms of Use and who agrees to be fully responsible for use of this Site, including all financial charges and legal liability that may be incurred.

You agree that you are buying products for your own use and not for resale or export outside the United States. You may be required to register with Simplio Labs in order to access certain services or areas of the Site. The user name and password for any account you establish with Simplio Labs are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. All billing and registration information you provide on this Site must be truthful and accurate. Providing any untruthful or inaccurate information on this Site may constitute a breach of these Terms of Use. By confirming your purchases at the end of the checkout process, you are agreeing to accept and pay for the items purchased.

Copyrights and Other Intellectual Property
All of the content you see and hear on the Site, including, for example, all text, images, illustrations and graphics, is subject to copyright, trademark, service mark and/or other intellectual property rights or licenses held by Simplio Labs, one of its affiliates, or by third parties who have licensed their materials to Simplio Labs. The entire content of this Site is copyrighted as a collective work under the copyright laws of the United States and Simplio Labs owns a copyright in the selection, coordination, arrangement and enhancement of the content.

The content of this Site as a whole is intended solely for personal, noncommercial use by the users of our Site. You may download, print and store selected portions of the content, provided you (1) only use these copies of the content for your own personal, non–commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading. Simplio Labs reserves complete title and full intellectual property rights in any content and/or software you download from this Site.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Simplio Labs.

Idea Submissions
Simplio Labs is always pleased to hear from members of the Simplio Labs community and welcomes your comments regarding Simplio Labs’s products and services.

If you send us an unsolicited suggestion, idea, proposal or other material (collectively, the “Submission”), Simplio Labs will consider the Submission to be non-confidential and non-proprietary. Simplio Labs shall have no obligations concerning the Submission, contractual or otherwise (including but not limited to an obligation to keep the Submission confidential), and shall not be liable for any use or disclosure of any Submission. Simplio Labs shall be entitled to a non-exclusive license to use the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you.

If you send us, at our request, a comment or suggestion to improve this Site or add a new category or feature (for example through our social media networks, customer support web forms or otherwise) (collectively, the “Suggestion”), Simplio Labs will consider the Suggestion to be non-confidential and non-proprietary. Simplio Labs shall have no obligations concerning the Suggestion, contractual or otherwise (including but not limited to an obligation to keep the Suggestion confidential), and shall not be liable for any use or disclosure of any Suggestion. Simplio Labs shall be entitled to a non-exclusive license to use the Suggestion for any purpose whatsoever, commercial or otherwise, without compensation to you.

Customer Submitted Content
You promise not to post, upload or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Simplio Labs reserves the right to prevent or to remove any such content at its sole discretion.

Security
You are prohibited from violating or attempting to violate the security of this Site, including, without limitation, accessing data or logging onto a server or account which you are not authorized to access; attempting to breach security or authentication measures and attempting to interfere with service to any user, host or network, including via means of introducing a virus to the Site, overloading or flooding, spamming, mail bombing or crashing.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree further not to use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search this Site other than the search engines and search agents available from Simplio Labs.com on this Site and other than generally available third party web browsers such as Internet Explorer, Firefox, Safari, etc.

Violations of the security of this Site may result in civil or criminal liability. Simplio Labs may cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss
The information on this site may contain typographical errors or inaccuracies and may not be complete or current. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after an order or shipping confirmation) and with no further obligations to you. We also reserve the right to limit quantities (including after you have submitted your order). In the event of an error, we reserve the right to refuse or cancel any orders placed for that item. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your purchase you may return it in accordance with the terms of our Return Policy. The risk of loss and title to items purchased from Simplio Labs pass to the purchaser upon our delivery to the carrier.

We do not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We reserve the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual who purchases goods with the intention of selling them rather than using them.

Right to Terminate
Simplio Labs may limit, suspend, or terminate your account or discontinue your use of this Site if you violate these Terms of Use or if you use this Site in a way that causes legal liability to us or disrupts others’ use of this Site. Simplio Labs may also limit, suspend, or terminate your account or discontinue your use of this Site at Simplio Labs’s sole discretion.

Disputes
Any and all claims or disputes relating in any way to your use past, present or future use of this Site, or to any products or services sold or distributed by Simplio Labs through this Site, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

For all claims or disputes, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the following mailing address: 2001 Tyler St, STE 201, Hollywood, FL 33020. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described in the paragraph above.

DISCLAIMERS –– GENERAL
THE SITE IS OPERATED BY Simplio Labs ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, TO THE FULL EXTENT PERMITTED BY LAW. Simplio Labs, ITS AFFILIATES AND PARTNERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

WITHOUT LIMITING THE FOREGOING, Simplio Labs, ITS AFFILIATES AND PARTNERS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.

WITHOUT LIMITING THE FOREGOING, Simplio Labs, ITS AFFILIATES AND PARTNERS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, Simplio Labs, ITS AFFIILATES AND PARTNERS DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.

Simplio Labs, ITS AFFILIATES AND PARTNERS DO NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS SITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS SITE. LINKS TO OTHER WEBSITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.

Simplio Labs, ITS AFFILIATES AND PARTNERS MAKE NO REPRESENTATIONS THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

Simplio Labs, IT AFFILIATES AND PARTNERS ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL Simplio Labs, ITS AFFILIATES OR PARTNERS, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Simplio Labs HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Simplio Labs, ITS AFFILIATES AND PARTNERS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND Simplio Labs. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Simplio Labs. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

ENFORCEMENT OF TERMS OF USE
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE IS SUBJECT TO THESE TERMS OF USE. YOU ALSO AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE WILL BE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO MINNESOTA’S CHOICE OF LAW PRINCIPLES.

Miscellaneous
No provision of these Terms of Use may be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of or delay in exercising any right or remedy under these Terms of Use will operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms of Use is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Simplio Labs will not be responsible for failure to fulfill any obligation due to causes beyond its control.

EFFECTIVE DATE January 1, 2021.