TERMS OF USE

GENERAL

This website (the “Site”) is owned and operated by SIMPL Sales & Marketing, LLC (“COMPANY,” “we” or “us”). Through the Site and its related properties, the Company provides you with access to and the ability to purchase products, receive services, subscribe to content, and other information relating to your interests (collectively referred to as the “Services”). All Services are subject to this TOU, including any updates, enhancements, addition of site properties or features, or other changes made. By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific pages of the Site or to products and services available through the Site or from COMPANY.

Please review these Terms of Use carefully prior to using the Service. If you do not agree with these Terms of Use, please do not use the Service.

Accessing the Site, in any manner, constitutes use of the Site and implies your agreement to be bound by these Terms of Service. You may access these Terms of Service and other Policies from the homepage of the Site. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site. Changes made to our Terms of Service will be made effective at the time they are updated on the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

COPYRIGHT

This Site and all the materials available on the Site are the exclusive property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. We provide the Site solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that infringes upon our rights. Unless our consent is provided in writing by an Officer of SIMPL Sales & Marketing, LLC, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. COMPANY authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use provided that you keep intact all copyright and other proprietary notices.

LIABILITY OF COMPANY AND ITS LICENSORS

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of COMPANY and its partners or licensors. Accordingly, Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

By posting or submitting any material or information to us via the Site, you are representing:
(i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and
(ii) that you are thirteen years of age or older.

THIRD PARTIES

The Site may provide links to other sites maintained by third parties. This linking does not imply an endorsement or sponsorship of the referred sites, or the information, products or services offered on or through the sites. Additional information relating to linked sites may be found in our Privacy Policy. COMPANY is not responsible, nor holds any warranties, for any information provided by a site linked to from our Site. You agree at all times to defend, indemnify and hold COMPANY harmless from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including any legal fees and expenses, related to any breach of obligation, warranty, representation or covenant set forth herein.

ONLINE COMMERCE

The SIMPL Sales & Marketing, LLC sites may allow you to purchase products and/or services offered by the Company or its affiliates. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. Your purchase is for personal use only. Sharing of purchases is not permitted and will be considered unauthorized, an infringing use of our copyrighted material, and may subject violators to liability.

In the event that a payment is declined, we reserve the right to immediately disable access to materials. Access will be restored in a timely manner once any billing issues are resolved.

REGISTRATION

You may be asked to register with us on a form provided in order to register for a product or Service. Such registration may require you to provide personally identifiable information, for which you agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. Any suspicion by us that information provided by you is untrue, inaccurate, or incomplete, we have the right to suspend or terminate access to materials and refuse any and all current or future use of the Site (or any portion thereof).

Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

PASSWORDS

COMPANY has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your COMPANY passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of sign-in name, screen name and passwords; (2) authorize, monitor, and control access to and use of your COMPANY account and password; (3) promptly inform COMPANY if you believe your account or password has been compromised or if there is any other reason you need to deactivate a password. To send us an email, you may email contact@simplsales.com. You grant COMPANY and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. COMPANY cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using COMPANY tools and services.

LIMITATION OF LIABILITY

In no circumstance shall SIMPL Sales & Marketing, LLC or its affiliates be liable for any direct, indirect, incidental, consequential, or other damages that result from the use of, or inability to use, any portion of our Site.

GUARANTEES, WARRANTY, & REFUNDS

You acknowledge and agree that COMPANY may from time to time offer guarantees on services as defined by an agreement executed independently of the Site. In no way shall any statements or guarantees made on this site be construed as warranting any claim. Any and all warranties and claims are to be defined by said independent agreements.

Your purchase of any product, service, or other offering from the Site may or may not be eligible for a refund, should you request it. Refunds will be subject to the refund policy posted on our site unless a separate executed agreement is entered into and signed by you or your company and SIMPL Sales & Marketing, LLC.

CLAIMS

SIMPL Sales & Marketing, LLC takes all allegations of copyright infringement seriously. If you believe in good faith that materials hosted by COMPANY on its website infringe your copyright then you, or your agent, may send to us a notice requesting that any materials in question be removed. SIMPL Sales & Marketing, LLC reserves the right to investigate all allegations of copyright infringement, including requesting from any claimants of an infringement evidence of said infringement. In the event that insufficient evidence is presented then the Company may continue use of contested materials without any compensation or transfer of rights, and the Company will send to you a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the prevailing laws of the United States of America (see http://www.loc.gov/copyright for details of current laws). The Company's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: contact@simplsales.com.

These Terms of Use shall be governed by the laws of the State of Florida in the United States of America (USA). Any dispute made against or by the Company shall be subject to binding arbitration in Duval County, Florida, USA. Should any provision of this agreement be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

DISCLAIMER

COMPANY reserves the right to change these Terms of Use, or any related policy at any time at our discretion. Any updates to these Terms of Use or other policy will be posted to the Site.

For inquiries, questions, or concerns regarding our policies and/or terms then please direct them to contact@simplsales.com.

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NAVIGATION

SIMPL Sales & Marketing, LLC ©2023

Additional Disclosure: SIMPL Sales & Marketing is an independent ClickFunnels Affiliate, not an employee. We receive referral payments from ClickFunnels. The opinions expressed here are our own and are not official statements of ClickFunnels or its parent company, Etison LLC.