These terms of use are entered into by and between you and Simply Strategic, LLC, a California limited liability company (the “Company,” “we,” “us” or “our”). The following terms and conditions, together with any policies and other documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of our products and services, including simplystrategic.com (the “Website”), and any content, functionality, web applications, and software, including our website visitor identification platform, offered on or through the Website or otherwise by the Company, its subsidiaries, and affiliates (collectively, the “Services”), whether as a guest or a registered user.
Please read these Terms of Use carefully before you start to use the Website or any of the Services.
By using the Services or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found here, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or Services.
1. Additional Terms
2. Eligibility; Users Under 18 Years of Age
3. Business and Commercial Use of the Services
4. Changes to these Terms of Use
5. Accessing the Services and Account Security
6. Intellectual Property Rights
7. Trademarks
8. No Support or Maintenance
9. Prohibited Uses
10. User Contributions
11. Feedback
12. Monitoring and Enforcement; Termination
13. Content Standards
14. Privacy and Data Handling
15. Online Purchases and Terms of Sale
16. Geographic Restrictions
17. Release
18. Disclaimer of Warranties
19. Limitation of Liability
20. Indemnification
21. Governing Law and Jurisdiction
22. Arbitration Agreement
23. Limitation on Time to File Claims
24. General Terms and Conditions
25. Copyright Policy
26. Your Comments and Concerns
We may offer certain Services that require additional terms or product requirements, including age requirements or specific terms for the use of our visitor identification platform. Such additional terms or requirements will be available with the relevant Services and will form part of your agreement with us if you use such Services. In case of a conflict between these Terms of Use and any additional terms, the additional terms shall govern.
The Services are available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet the eligibility requirements and are legally capable of entering into a binding contract with the Company. If you do not meet these requirements, you must not access or use the Services.
Simply Strategic provides services to businesses for marketing purposes. By accessing or using our Services on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Use. Such entity agrees to indemnify us from any claim or liability arising from or related to the use of the Services.
We reserve the right to update these Terms of Use at any time in our sole discretion. Changes will be effective upon posting, and continued use of the Services constitutes your acceptance of the revised Terms of Use. Users should review these Terms periodically for changes.
We reserve the right to modify or discontinue the Services at any time. You are responsible for making arrangements to access the Services and ensuring that any individuals accessing the Services through your network or devices comply with these Terms of Use. If using an account, it must remain confidential, and unauthorized sharing of account credentials is prohibited. Notify us immediately of any unauthorized access to your account.
The Services, including our website visitor identification platform, and all related content are proprietary to Simply Strategic or our licensors. You may use the Services solely for your internal business use. Reproduction, distribution, modification, and derivative works of the Services are strictly prohibited without prior written consent, except as expressly permitted within these Terms of Use.
Simply Strategic’s name, logo, and all related names, product names, and service names are trademarks of Simply Strategic or its licensors. You may not use such marks without our prior written consent.
Simply Strategic is under no obligation to provide support or maintenance for the Services unless explicitly agreed in a separate agreement.
You may use the Services solely for lawful purposes and in accordance with these Terms of Use. Prohibited activities include, but are not limited to:
• Unauthorized Use: Misuse of the Services for data scraping or automated data collection, except as permitted by our platform.
• Misrepresentation: Impersonating any entity or misrepresenting your identity.
• Interference: Actions that interfere with or disrupt the Services.
• Compliance Breaches: Violating applicable privacy laws or data protection regulations while using our marketing services.
Users may be permitted to submit content (“User Contributions”) to Simply Strategic, subject to compliance with the standards set out here and in our Privacy Policy. You grant Simply Strategic a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute User Contributions for the purpose of providing and improving the Services.
If you provide feedback or suggestions, you agree that Simply Strategic may freely use, modify, or incorporate such feedback without any restriction or obligation to compensate you.
We reserve the right to monitor use of the Services and may remove content, suspend accounts, or pursue other actions if we believe any content or behavior violates these Terms or applicable laws.
User Contributions must comply with applicable federal, state, and local laws and must not:
• Include defamatory, obscene, or illegal content.
• Infringe on the intellectual property rights of others.
• Promote misleading or harmful information.
Our visitor identification platform and marketing services involve the collection and processing of visitor information. All data handling practices comply with applicable privacy laws, as outlined in our Privacy Policy. You are responsible for ensuring that your use of our platform aligns with the privacy and data protection obligations applicable to your business.
All purchases or other transactions for the sale of products, Services or available content, as applicable, formed through the Services or resulting from visits made by you are governed by these Terms of Use and any additional terms of sale or other terms and conditions made available to you at the time of such purchase or other transaction.
Billing
By providing us with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize us to charge you for any products, services or available content purchased using your payment method; and (iii) authorize us to charge you for any paid feature of the Services that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
If you are taking part in any trial-period offer, then you must cancel the applicable Service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel such Service at the end of the trial period, then you authorize us to charge your payment method for such Service.
Recurring Payments
From time to time we may make certain Services available for purchase on a subscription basis (e.g., weekly, monthly, quarterly or annually, as applicable). When you purchase Services on a subscription basis, you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to us by the payment method that you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by us or otherwise in accordance with its terms. By authorizing recurring payments, you authorize us to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, then we or our service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.
Automatic Renewals
From time to time we may allow you to choose Services that automatically renew at the end of a fixed service period. If you elect to automatically renew a Service, then we may automatically renew such Service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel such Service. We will bill your selected payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel such Service prior to the renewal date, and you must cancel before the renewal date to avoid being billed for the renewal.
Refund Policy
All purchases are final and non-refundable, unless otherwise required by law or expressly agreed by us in our sole discretion.
The owner of the Services is based in the State of California in the United States. We provide the Services for use only by persons residing in the State of California, United States. We make no claims that the Services or any content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside of the State of California, United States, then you do so on your own initiative and are responsible for compliance with local laws.
You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any third-parties, including third-party links and ads). IF YOU ARE A CALIFORNIA RESIDENT, THEN YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You understand, acknowledge and agree that we cannot and do not guarantee or warrant that the Services, including, without limitation, any files available for downloading or access from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OR SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT MADE AVAILABLE BY THE SERVICES OR SUCH OTHER SERVICES OR WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE OR THE SERVICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50) OR THE TOTAL AMOUNT OF FEES RECEIVED BY US FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX (6) MONTHS, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE SERVICES. The limitation of liability set forth in this paragraph does not apply to liability resulting from our gross negligence or willful misconduct caused by products or services you purchase through the Website.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of the Services, including, but not limited to, your User Contributions, any use of the Services other than as expressly authorized in these Terms of Use or your use of any information obtained from or through the Services or (c) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any disputes will be resolved by binding arbitration, and both parties waive the right to a trial by jury.
TO THE EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
Disclosures. The Company is located at the address set forth below. If you are a California resident, then you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Electronic Communications. The communications between you and the Company use electronic means, whether you use the Services or send us emails, or whether the Company posts notices on the Services or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Construction; Independent Contractors; Assignment. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms of Use. The terms and conditions set forth in these Terms of Use shall be binding upon assignees.
Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement. These Terms of Use, our Privacy Policy, Terms of Sale and other policies referred to herein constitute the sole and entire agreement between you and the Company regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Services.
Term and Termination. Subject to this section, these Terms of Use will remain in full force and effect while you use the Services. Upon termination of your rights under these Terms of Use, your account and right to access and use the Services will terminate immediately. You understand and agree that any termination of your account may involve deletion of your User Contributions associated with your account from our live databases. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your account or deletion of your User Contributions.
The Company respects the intellectual property of others and asks that users of the Services do the same. In connection with the Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of the Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that one of our users is, through the use of the Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, then the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the copyrighted work(s) that you claim to have been infringed;
3. Identification of the material on our services that you claim is infringing and that you request us to remove;
4. Sufficient information to permit us to locate such material;
5. Your address, telephone number, and e-mail address;
6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (i.e., falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
Counter Notification Procedures
If you believe that material that you posted on the Website was removed or access to it was disabled by mistake or misidentification, then you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated below. Pursuant to the DMCA, the Counter Notice must include substantially the following:
1. Your physical or electronic signature;
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; andA statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter Notice.
Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The designated Copyright Agent for the company is:
Chris Sheridan
Email: chris@simplystrategicinc.com
For any questions or concerns, please contact us at:
Simply Strategic Marketing, LLC
8425 Garwood Ct
Spring Valley, CA 91977
Email: hello@simplystrategic.com