GENERAL

The following are the terms of use that govern consumers’ use of the SimplyMagneticMe.com Website (the “Site”). Retailers are subject to different terms o use. You represent that you are: (i) at least 18 years of age; and (ii) of legal age to enter into a binding contract as determined by the laws of the State in which you reside. Your use of the Site constitutes your agreement to these terms.

Simply (“Simply”), reserves the right to revise these terms and conditions. We will post any changes here as they are made. Because your use of the Site following any changes constitutes your agreement to be bound by any changes, you may wish to check this section periodically.

Site content

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed bySimply. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned or licensed by Simply. All other Simply trademarks appearing on this Site are trademarks of Simply or its licensors.

The Contents of the Site, and the Site as a whole, are solely for personal, non-commercial (other than for the purchase of merchandise from the Site) use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site only for your personal use. No right, title or interest in any downloaded materials or software is given to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Product information

Simply products displayed on the Site are available in select stores in the United States and select markets outside the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in all stores. The prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the United States for purchases made through the Site.

Product descriptions

Simply strives to provide accurate descriptions of Products displayed on the Site. Simply does not, however, warrant that the descriptions are accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return the item for a refund of the purchase price plus tax and related delivery costs.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. Because the actual colors you see will depend on your computer and monitor, we cannot guarantee that your computer and monitor’s display of any color will be accurate.

Product protection

No rights in any design aspect of, or incorporated in, any Products shall pass to you except as an integral part of the Products themselves. You agree that you will not copy or reproduce, or cause to be copied or reproduced, directly or indirectly, any Products (including fabrics and materials used in connection with the Products); construction or fabrication of the Products; packaging for the Products; or print designs incorporated in the Products.

The restrictions set forth in this provision shall apply whether or not such Products, packaging and/or print designs are protected or protectable under copyright, patent or trademark law.

In the case of Products, or portions thereof, that are not protected by law (e.g., copyright, patent or trademark), such restrictions shall apply until three years following your last use of the Site.

This Product Protection provision shall survive termination of this Agreement.

Comments and submissions

Your offering or submitting to Simply comments, feedback, suggestions, ideas, and other material (collectively, “Comments”), shall constitute your assignment to Simply of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Simply is under no obligation to: (1) maintain any Comments in confidence; (2) pay you any compensation for any Comments; or (3) respond to any Comments.

You agree that Comments offered or submitted by you will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that Comments offered or submitted by you will not be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

Privacy policy

You agree that Simply may use and/or disclose information consistent with our Privacy Policy.

Indemnification

You agree to defend, indemnify and hold Simply harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

Links to other web sites

To the extent that this Site contains links to services and resources not within Simply’s control (“Third-Party Sources”), any claims or concerns regarding any Third-Party Sources, or any link thereto, should be directed to the particular Third-Party Source. You agree that Simply shall not be liable to you for your use of any Third-Party Sources.

Disclaimer

IN NO EVENT SHALL Simply OR ANY OF ITS AFFILIATED ENTITIES, SUPPLIERS OR RETAILERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF Simply HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Inaccuracy disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Miscellaneous

Unless otherwise specified and except to the extent Simply products are offered for sale in the United States through this Site, this Site and its Contents are displayed solely for the purpose of promoting Simply’s products available in the United States and select markets outside the United States. This Site is controlled and operated by Simply from its offices in Manhattan, New York.

Choice of law, venue and dispute resolution

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute arising under this Agreement, including disputes relating to Products purchased through the Site, shall be resolved exclusively by an appropriate federal or state court sitting in the State of New York, county of New York, solely between you and Simply, and not on any representative or class basis. Further, unless you and Simply agree otherwise, the court shall not consolidate your claim with any other person’s claim, and shall not otherwise order or permit any form of a representative or class proceeding. This provision shall survive termination of this Agreement.

Termination

This Agreement is effective unless and until terminated by either you or Simply. You may terminate this Agreement at any time after which time you agree that you shall not access the Site. Simply may terminate this Agreement at any time, may do so immediately, without notice, and may deny you access to the Site.

Entire agreement

These Terms constitute the entire agreement of between you and Simply regarding the specific matters herein. All prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms.

Severability

If any provision of these Terms are declared to be unenforceable by a court of competent jurisdiction, the enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such unenforceable provision(s) shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.