Effective Date: February 15, 2017
ACCEPTANCE & MODIFICATIONS
Please familiarize yourself with the Terms and Conditions (the “Terms”). This document is a legally binding agreement, even if you are just browsing www.gosimple.com (the “Site”) without making a purchase or contacting us. The words “us,” “we” or “our” mean Seven Health, LLC, a Florida company that owns and operates this Site. The word “you” refers to the Site viewer.
a) No Medical Advice. We disclaim all liability arising out of or related to information provided to or by the Site users (e.g. in product reviews). None of the statements that appear on the products offered via our Site have been evaluated by the Food and Drug Administration. We do not guarantee any results with our products. The products are not intended to diagnose, treat, cure, or prevent any disease. Nothing on this Site constitutes medical advice. You must first consult with your healthcare provider prior to using anything purchased from this Site.
b) Subscriptions and Accounts. The Site offers dietary supplements direct to consumers via subscription service and one-time purchases. All subscription plans are without commitment. They can be canceled at any time on no less than 5 days’ notice prior to cycle close. We reserve the right, at our discretion, to cancel/close/terminate any account at any time, for any reason.
c) Refunds and Cancellations. For more information, please check our return policy. We reserve the right to refuse any return upon our discretion. You may cancel purchase orders as long as the order has not been processed for shipment. To cancel an order that has not been processed for shipment, please do the following:
Send email to: firstname.lastname@example.org
Subject Line: Cancel Order (order #)
Body: Your full name and address.
d) Shipping. Free shipping includes the Continental United States only. We do not offer international shipping at this time.
f) NO WARRANTIES. USE OF THIS SERVICE AND PRODUCTS ACQUIRED THROUGH IT IS AT YOUR OWN RISK. THIS SITE AND PRODUCTS ARE PROVIDED “AS IS”. YOU MUST NOT RELY ON ANY STATEMENT PUBLISHED ON THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
g) LIMITATION OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $100). NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
a) Our Intellectual Property (IP). All Site contents, registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
b) License to Your Content. By submitting any content to our Site (e.g. product reviews), you grant us a perpetual, unlimited, irrevocable, royalty-free, worldwide license to use, reproduce, adapt, display, perform, modify, transmit, translate, distribute, and create derivative works of your content; to make, have made, sell or otherwise distribute any of your submitted content. You further represent and warrant that you have the right, title, and/or authority to grant such license to us.
c) Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us via email at email@example.com.
By using this Site, you represent, warrant and agree that:
a) If you place an order, you have a full capacity to form a legally binding contract.
b) You will provide a valid payment method information when necessary and pay all sums due when due. You will not use payment methods which you are not authorized to use. You will not use a fake identity.
c) The title to the items purchased does not transfer to you until we have received payment in full.
d) You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
e) Our Site may contain typographical errors, “price bugs” (mispriced items) or other inaccuracies.
f) Submission of untruthful reviews, posts, articles or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
g) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
h) You will not submit unsolicited bulk or commercial messages (“spam”) to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party site or other resource.
i) You will not access our Site in order to gain a competitive advantage.
j) You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
l) We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
m) You may not use any web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic process to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content.
n) You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party’s intellectual property rights and rights of privacy and publicity.
REMEDIES FOR BREACH OF THESE TERMS
b) Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
PAYMENT AND MISPRICED PRODUCTS
a) You agree to pay all charges incurred in connection with purchases (including any applicable taxes) at the prices in effect when the charges were incurred. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
b) Despite our best efforts, a small number of products offered through our Site may be mispriced. If the correct price of an item sold is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
c) We shall have the right to refuse or cancel any orders placed for products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.
Any disputes shall first be referred to our customer service department. You can contact us via email at firstname.lastname@example.org.
These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of law provisions that would result in application of any other law. You consent to the exclusive jurisdiction and venue of the courts located in Miami Dade County, Florida in connection with any matter based upon or arising out of these Terms or the matters contemplated herein.
a) Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site (“Communications”), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
b) Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. You cannot frame our Site on any other website. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
c) Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
f) Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.
Questions about the Terms should be sent to us via email at email@example.com.