Privacy Policy

We are very sensitive to privacy issues. The purpose of this Website Privacy Policy is to let you know how Simplicity (“Simplicity”) handles the information we receive from you through our website and mobile application (collectively, this “Site”).

Please Read Carefully Prior To Using Our Website and Mobile Application. By entering and using this Site, you affirm that you have read and understood this Website Privacy Policy and the Simplicity Terms of Use and that you agree to abide by them. If you do not agree to abide by the Simplicity Terms of Use and this Privacy Policy, you may not enter, access, or otherwise use this Site. The use of this Site is conditioned upon your acceptance of the terms and conditions contained in this Privacy Policy which is part of and incorporated by reference into the Terms of Use of the Site.

This Privacy Policy lists our current policies, but as noted below, this Privacy Policy may be adjusted from time to time at our discretion. Those who do not agree to be subject to this Privacy Policy may not, under any circumstances, use this Site.

Collection of Personal Information

Simplicity only collects consumer information for the purpose of providing the elected service and collecting reimbursement from members. The information collected is 1) limited to the minimum necessary information for these purposes, 2) only disclosed to legitimate business partners for processing pursuant to contract requirements, and 3) never sold.

You should be aware that portions of this Site contain functions for collecting your personal information including your name and email address as well as your history of accessing this Site. Simplicity may also collect and track non-personally identifiable information about you, including but not limited to, how certain features of our Site are used, the general region from which our visitors are contacting us and how many people visit our Site at any given time.

We do not collect personal information (such as names, addresses, phone numbers, email addresses or credit card numbers) about you, except when you specifically provide the information on a voluntary basis, such as when you:

  • Become a registered user of one or more of our services;
  • Establish an account with us; or
  • Sign-up or subscribe for products or services, including submittal of an application for insurance and/or using our quotation system, that we periodically may make available.

Simplicity requires that the actual user input such information and that such information be the most recent available. In addition, you may request that we modify or delete your registered account information by sending an email to Simplicity at SimplicitySupport@simplicitypayments.com with the words “UPDATE USER INFORMATION” in the subject line.

Whenever you register for one or more of our services, we may send an email to you with an authentication link to ensure the accuracy of the email address that you have supplied or to notify you that an application or quotation was requested. Your response to the authentication link may be necessary to complete your registration, which may be required to use our services.

 

Collection and Use of Real Time Location of Mobile Device

If you use our Mobile Application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant information. We will not share your current location with other users or partners.

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile device settings and/or within the mobile application.

Use of Personally Identifiable Information

Simplicity reserves the right to compile, save, use within the scope of our activities, and analyze any and all of your data (registration data, use history, etc.). Simplicity intends to use such data for internal purposes only, including without limitation, for the purposes of responding to your requests for information and for contacting you. Simplicity may provide aggregated statistics about users (including you) to third parties, but such information will be aggregated so that it does not identify a particular individual or company, including yourself.

Simplicity may contact you regarding the status of your account, your registration information, support issues regarding our service, and changes to our service or the terms under which it is offered.

Simplicity may use your personally identifiable information for several purposes, including to:

  • provide you with information or services you request;
  • process an application or quote requested by you;
  • resolve disputes;
  • comply with laws and regulations;
  • prevent prohibited activities and enforce our Terms of Use;
  • facilitate your use of, and our operation of, our services;
  • analyze trends and statistics and for marketing, research, and development;
  • deliver targeted service updates; and
  • verify information with third parties.

Additionally, we may disclose your personally identifiable information when required by law, rule, or regulation. Specifically, we may disclose this information to unrelated parties in special cases when we have reason to believe that our disclosure is necessary to identify, contact or bring legal action against a person or persons who may be causing injury to, or interference with, the rights or property of Simplicity (including our Site), computer users accessing our Site, or any third party. In addition, we may disclose information about individuals who access our Site to law enforcement agencies, judicial or government authorities or to other individuals or entities in response to subpoenas, court orders or other legal processes.

Further, in the event that Simplicity goes through a business transition, such as a merger, an acquisition by another company, or a sale of all or a portion of its assets, your and other users’ personal information will, in most instances, be part of the assets transferred. If as a result of the business transition, your personal information will be used in a manner different from that stated at the time of collection, you will be given the option to continue sharing the information consistent with this Privacy Policy. Nothing in this Privacy Policy is intended to interfere with the ability of Simplicity to transfer all or part of its business and/or assets (including the Site) for any purposes, without limitation.

Finally, we may use your information as otherwise necessary or useful for us to conduct our business, so long as such use is permitted by law.

If you are an inactive registered user of Simplicity, we may retain your information for up to thirty-six (36) months after you are no longer active.

Collection and Use of Anonymous Information

Anonymous information is not personally identifiable information. Anonymous information is information that is collected automatically that relates to, but is not limited to, how certain features of our Site are used, the general region from which our visitors are contacting us and how many people visit our Site at any given time. We use anonymous information and may share with, or license or sell this information to, third parties for the purpose of allowing marketing through our Site.

Children’s Privacy

Simplicity does not knowingly collect personally identifiable information on individuals under the age of 18, unless that information is required for a product or service that we offer. If you are under age 13, please do not email us, contact our Site, attempt to use our Site, submit information to our Site, or ask us to email you. If you are under the age of 18, you should get permission from a parent or guardian before you email our Site, contact our Site, attempt to use our Site, submit information to our Site, or ask us to email you.

Security

Simplicity uses safeguards, such as data encryption, firewalls, and system security measures to protect the confidentiality of your personally identifiable information. While Simplicity makes every reasonable effort to protect the information collected through this Site, please be aware that there is always some risk involved when submitting data over the Internet. We cannot guarantee that our Site is 100% safe from illegal tampering or “hacking.” Any data transmitted over the Internet may be at risk; however, once it is received at Simplicity and entered into a Simplicity database, any data you have submitted has the same protection that Simplicity extends to its own confidential information.

Agents and contractors of Simplicity who have access to personally identifiable information are required to protect this information in a manner that is consistent with this Privacy Policy by, for example, not using the information for any purpose other than to carry out the services they are performing for Simplicity.

If you suspect improper use or access to Simplicity information, please notify Simplicity immediately. Contact Simplicity Support at 855-729-1245.

Opt Out/Updating Your Information

You may receive various electronic communications from Simplicity, such as newsletters, account notifications, and other marketing communications about our products and services. To opt-out of any specific electronic communication, follow the “unsubscribe” instructions associated with the specific communication. If you have submitted personally identifiable information through this Site, you may request a restriction on the use and disclosure of your information.

You may also request access to your personal information held by Simplicity and you may request that we correct or amend your personal data. As a reminder to you, when exchanging emails, any email that you send or receive on your employer’s email system may be the property of your employer. Consequently, your employer may have the ability to review your personal information sent via email.

Links to Third Party Websites

As a convenience to our users, our Site may contain links to a number of other websites (“non-Simplicity websites”) that we believe may offer useful information. Even though you may still see our logo, you are providing information to other linked websites when you leave our Site. Such links do not constitute an endorsement by Simplicity of those other websites, the content displayed therein, or the persons or entities associated therewith. The Privacy Policy presented here does not apply to those websites. You should contact those websites directly for information on their privacy policies, confidentiality agreements, and data collection/distribution procedures. We encourage visitors to read and become familiar with the privacy policies maintained by such other websites.

Email

All information and correspondence you share with us will be handled in the strictest confidence. Please note that the email facilities on our Site (unlike those areas within the Site) do not provide the same level of security. For that reason, please do not send information  that you consider to be confidential to us via email. If you wish, you may contact us instead via phone.

Cookies

Cookies are small bits of information that are stored on your computer. Cookies help establish a user session and allow our server to correctly provide website users with the appropriate information, advertisements and services. Our Site uses a technology called “persistent cookies,” which is a small data file that is stored on your computer, and enables your browser to access the pages you request and to track the pages visited. Using persistent cookies to track page visits helps us analyze our Site usage more accurately.

Please note that linked non-Simplicity websites may also use cookies. Simplicity cannot control the use of cookies by these non-Simplicity websites. We also want you to know that when you link from this Site to another website, that website may have the ability to recognize that you have come from this Site. If you do not want any other websites to know that you have been on this Site, we recommend that you do not use the links provided in our Site. If you have any questions about how third party websites use cookies, you should contact such third parties directly.

Most users accept cookies but you can configure your browser to not accept cookies if you choose, however, if you disable your cookies and are a registered user, you may not have access to your personal information on our website.

Modifications

This Privacy Policy and the Terms of Use constitute the complete agreement between the parties with respect to the subject matter and supersede any prior agreement or communication. Simplicity reserves the right to modify this Privacy Policy without prior notice. Any revised Privacy Policy will be posted to this Site. You should review our Privacy Policy occasionally, or at least every thirty (30) days. Your continued use of this Site subsequent to Simplicity’s notice of modification of this Privacy Policy shall constitute your acceptance of the modified Privacy Policy.

Contact Simplicity

If you have questions or concerns regarding your privacy or this Privacy Policy, you should contact Simplicity at:

By Mail:  810 Sharon Drive; Westlake, Ohio 44145

By Phone: 855-729-1245

By Email: SimplicitySupport@SimplicityPayments.com

California Consumer Privacy Act of 2018 Rights

YOUR RIGHTS AND CHOICES

The California Consumer Privacy Act of 2018 (CCPA) provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and a Copy of Personal Information. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months and to request a copy of the specific pieces of personal information that we have collected about you in the prior 12 months (collectively, referred to as your “access” right). Once we receive and confirm your verifiable consumer request, we will disclose to you:

● The categories of personal information we collected about you.

● The categories of sources for the personal information we collected about you.

● Our business or commercial purpose for collecting or selling that personal information.

● The categories of third parties with whom we have shared or share that personal information.

● The categories of personal information we disclosed or shared with a third party for a business purpose.

● The specific pieces of personal information we collected about you (also called a data portability request).

● The categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party (if applicable).

Deletion Request Rights. You have the right to request we delete any of your personal information we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if an exception applies, such as regulatory obligations or required for servicing the account.

Do-Not-Sell Rights. California residents also have the right to opt-out of the sale of their personal information by us. We do not sell personal information about California residents.

Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request (as described more fully below) to us by either:

● Calling us at 855-729-1245

● Visiting www.SimplicityPayments.com

Only you, or a person registered with the California Secretary of State who you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

● Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

● Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format. We endeavor to respond to a verifiable consumer request for access to personal information within 45 days of receiving it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. The response we provide will also explain the reasons we cannot comply with a request, if applicable.

Non-Discrimination. California consumers have the right to exercise their access, deletion and other rights without discrimination, and to receive transparent disclosures about any incentives a business offers them with regard to the collection, use and disclosure of their personal information. Discrimination may exist where a business takes or suggests that it will take the following actions in response to a consumer exercising rights under the CCPA, unless doing so is reasonably related to the value provided to the consumer by the consumer’s data: (1) Deny access to or use of goods or services; (2) Charge different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; or (3) Provide a different level or quality of goods or services

Exhibit I- Terms of Use

PLEASE READ THESE TERMS, CONDITIONS AND AGREEMENTS SET FORTH BELOW (THESE “TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your agreement to these Terms of Use. You must agree to these Terms of Use in order to use this website. If you do not agree to all of these Terms of Use, do not use this website!

These Terms of Use govern the Use (as defined below) of the various websites of Simplicity. For ease of reference, the access, transmission, viewing or other use of our mobile application, this website and related Content (as defined below) such as text, information, images, video and audio and all services (“Services”) and any of the information contained herein (collectively, this “Site”) is hereinafter referred to collectively as the “Use” of, or “Using”, this Site.

This Site incorporates proprietary intellectual properties, which are protected by copyright (including certain rights of patentability) and which we maintain as confidential and proprietary information to be Used only in connection with these Terms of Use. By Using this Site, you are agreeing to be bound by these Terms of Use. We may revise and update these Terms of Use at any time. Therefore, we encourage you to review this Site and these Terms of Use for any updates or changes on a periodic basis. Your present and subsequent Use of this Site demonstrates your acceptance of these Terms of Use.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND REPRESENT THAT YOU ARE OVER THE AGE OF 18 AND ABLE TO FORM LEGALLY BINDING CONTRACTS.

  1. Disclaimer on Emergency Medical Conditions. DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN EMERGENCY, CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
  2. Medical Disclaimers. We do not provide medical referral services. Simplicity does not endorse, recommend, or approve any product, service, or physician listed on this Site unless expressly stated. We are not medical professionals and we do not provide medical treatment. Your reliance upon Content obtained by you at or through the Site is solely at your own risk. Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
  3. Registration; Passwords. Use of certain portions of this Site requires registration and passwords. You agree that any registration information that you provide shall be correct and complete. If we believe that any registration information is not correct and complete, we have the right to refuse you access to this Site or applicable portions of this Site and/or to terminate, suspend, or restrict your Use of this Site or applicable portions of this Site. You agree to maintain the confidentiality of any password(s) you use to access this Site, and you are fully responsible for the actions of any person or entity that accesses this Site using your password. You agree to notify us immediately of any unauthorized use of your password(s).
  4. Products and Services. The information and descriptions contained on this Site are intended as general information and are not necessarily complete descriptions of all terms, exclusions, and conditions applicable to the products and services offered by Simplicity. Further, the product and/or service descriptions provided on this Site are not intended to constitute offers to sell or solicitations in connection with any such product and/or service. All products may be subject to applicable regulations.
  5. Privacy and Personal Information. You can view our Privacy Policy on this Site. You agree to be bound by our Privacy Policy (as may be amended by us in accordance with its terms), which is hereby incorporated by reference into these Terms of Use, and maintain your data accordingly.
  6. Security. The security of your personal information is very important to us. None of your personal information can be legally accessed or released without your consent except as discussed in these Terms of Use and in our Privacy Policy. All such information is stored in a secured database and all reasonably prudent efforts are made to assure that same is secure.
  7. Minors Prohibited.
    1. This Site is for Use by adults only. If you are not over 18 years of age, do not Use this Site.
    2. We are committed to protecting the privacy of children. You should be aware that this Site is not for or designed to attract children. We do not collect personally identifiable information from any person we actually know is a child.
  8. Intellectual Property. Simplicity owns all rights to the Services, the trademarks on this Site, content, software, and all intellectual property. All of the content on this Site, including all text, photographs, graphics, images, videos, format, and other expressions (“Content”) is the property of us, or the suppliers of Content. All of the above is protected by U.S. and international copyright laws. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT LAWS AND TREATIES. You may only Use the Content for accessing and understanding such information for individual and personal use. You may not copy, make any reproduction or modification or any derivative work of the foregoing, and may not republish or display any of same, nor may any of same be linked to any other website unless such website provides acknowledgment of ownership of same in Simplicity or its third party suppliers or licensors. All rights not expressly granted in these Terms of Use are reserved to Simplicity. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.
  9. Copyrights of Third Parties. We respect the copyrights and intellectual property of third parties, and we expect the Users of this Site to do the same. If you believe there is any infringement of any other person’s copyright or intellectual property by this Site, we request that you call it to our attention right away. Please do so by sending whatever information you have to assist us in evaluating same. Any statement made by you to that effect must be made in good faith and may be subject to penalties of perjury that the information is accurate or you have a good faith belief in same. You may send such notices to compliance@echohealthinc.com.
  10. Compliance with the Digital Millennium Copyright Act. We respect the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of Users usage of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. Section 512:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
    3. Identification of the Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit us to locate the Content;
    4. Information reasonably sufficient to permit us to contact the complaining party;
    5. A statement that the complaining party has a good faith belief that the Use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  11. Intellectual Property Rights. You agree that we (or our Content providers) own all worldwide rights, titles, and interests in and to the Site. You may create a bookmark in your browser to the home page of the Site. Otherwise, you may not create a link to the Site without our prior written approval. All rights not expressly granted in these Terms of Use are reserved to Simplicity. No other rights or licenses, whether express, implied, arising by estoppel, or otherwise are conveyed or intended by these Terms of Use.
  12. Content. The Content contained on this Site is provided by Simplicity or under license by third parties as a service to the Users of this Site. This Site and the information, Services and materials contained on this Site are provided on an “as is” and “as available” basis. You agree that the Use of this Site is at your sole risk. We do not warrant that the information on this Site is accurate, reliable, or current. Additionally, there are no warranties as to results that may be obtained from the Use of this Site.
  13. Limitations on Use. This Site is owned and operated by Simplicity and is for the User’s personal, noncommercial use. You agree not to modify, copy, distribute, transmit, retransmit, disseminate, display, broadcast, circulate, perform, reproduce, publish, license, create derivative works from, transfer, sell, or commercially exploit, in any way, any Content obtained from this Site.
  14. No Warranty. The Content published on this Site may include inaccuracies or typographical errors. We do not warrant or make any representations regarding the Use or the results of the Use of the materials in this Site in terms of their correctness, completeness, accuracy, timeliness, reliability, or otherwise.
  15. We May Freely Use Feedback You Provide. You agree that we may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of this Site, the Services, other products or services and/or advertising or marketing materials, in accordance with the terms of the Privacy Policy. You grant Simplicity a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to us in any way.
  16. Advertisements and Links to Other Websites. This Site may contain advertisements placed by or on behalf of third parties. These advertisements may contain links to other websites. We may occasionally provide links on its Site to third party websites. These links connect you with other websites that are maintained by other parties over whom we have no control. These links are provided only as a convenience to you, and we do not assume any responsibility for nor endorse such other websites. UNLESS EXPRESSLY STATED BY US, SIMPLICITY DOES NOT RECOMMEND OR ENDORSE PARTICULAR PRODUCTS, SERVICES, OR WEBSITES OF ANY THIRD PARTIES OR MAKE ANY DETERMINATION WHETHER ANY SUCH PRODUCT, SERVICE, OR WEBSITE MAY BE EITHER NECESSARY OR APPROPRIATE FOR YOU. SIMPLICITY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENTS OF PRODUCTS, SERVICES, OR INFORMATION OFFERED IN SUCH THIRD PARTY SITES. Consequently, Simplicity is not and shall not be held responsible for the accuracy, copyright compliance, legality or decency of materials contained in such third party sites.
  17. DISCLAIMER OF WARRANTIES.
    THIS SITE AND THE CONTENT, INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THIS SITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE DO NOT WARRANT THAT THE INFORMATION ON THIS SITE IS ACCURATE, RELIABLE, OR CURRENT. NEITHER SIMPLICITY NOR ANY OTHER CONTENT PROVIDERS MAKE ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE (i) WILL BE UNINTERRUPTED OR ERROR-FREE, (ii) ARE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (iii) ARE SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. SIMPLICITY AND ANY THIRD-PARTY SUPPLIER ASSUME NO RESPONSIBILITY FOR ANY PRODUCT, BRAND, METHOD, INFORMATION, OR SERVICES ON THIS SITE IN ANY WAY, AND THERE IS NO WARRANTY OR ANY ASSURANCE THAT THE PRODUCTS OR SERVICES CONTAINED OR DESCRIBED ON THIS SITE WILL SATISFY ANY REQUIREMENTS THAT YOU MAY HAVE. BY USING THIS SITE, THE USER ACKNOWLEDGES THAT IT IS AT THE USER’S SOLE RISK AND THE USER ASSUMES FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH USE OF THIS SITE.
    NEITHER SIMPLICITY NOR ANY THIRD PARTY SUPPLIER CAN ASSURE THAT THE USER, IN USING THIS SITE, HAS SELECTED AN APPROPRIATE SERVICE PROVIDER. AGAIN, YOU SHOULD USE THIS SITE FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES. Some jurisdictions do not permit the exclusion or limitation of implied warranties. Therefore, only if required by applicable law, some or all of the exclusions or limitations above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
  18. EXCLUSION OF DAMAGES. AS CONSIDERATION FOR USER’S OPPORTUNITY TO USE THIS SITE AND THE CONTENT AND SERVICES, USER AGREES THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL SIMPLICITY OR ANYONE ASSOCIATED WITH SIMPLICITY OR THIS SITE BE LIABLE IN ANY WAY TO YOU OR ANY OTHER ENTITY FOR ANY ACTION OR INACTION TAKEN BY USER IN RELIANCE UPON INFORMATION OR SERVICES PROVIDED THROUGH THIS SITE. NEITHER SIMPLICITY NOR ANYONE ASSOCIATED WITH SIMPLICITY SHALL BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (i) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT OR SERVICES, OR (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY SIMPLICITY OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER SIMPLICITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
  19. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF SIMPLICITY AND ITS SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THESE TERMS OF USE AND YOUR USE OF THE SITE IN THE AGGREGATE SHALL BE LIMITED TO THE AGGREGATE AMOUNT, IF ANY, THAT YOU PAID FOR THE SERVICES PROVIDED ON THIS SITE PRIOR TO SUCH CLAIM. IN ADDITION, OUR ENTIRE LIABILITY FOR ANY CLAIM RELATING TO THESE TERMS OF USE SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM, SUBJECT TO APPLICABLE LAW.
  20. Indemnification. You agree to indemnify and hold us and our suppliers, information providers, ISPs, and officers, directors, and employees (an “Indemnified Party”) harmless against any losses, claims, damages, liabilities, penalty actions, proceedings, or judgments (collectively referred to as “Losses”) to which an Indemnified Party may become subject, related to or arising out of any infringement or misappropriation or alleged infringement or alleged misappropriation of any United States or international copyright, trademark, trade secret, or other proprietary right related to your Use of this Site or related to or in connection with these Terms of Use, and shall reimburse each such Indemnified Party for all legal and other expenses, including reasonable attorneys fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
    You also agree to indemnify and hold harmless each Indemnified Party against any Losses to which such Indemnified Party may become subject that arise out of or relate to your violation of these Terms of Use or your Use of this Site or your negligent or wrongful conduct, and shall reimburse each Indemnified Party for all legal and other expenses, including without limitation, reasonable attorneys fees, incurred by such Indemnified Party in connection with investigating, defending, or settling any such Losses, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
  21. Foreign Access or Use. We make no claim that the Site is appropriate for access or Use outside the United States and Puerto Rico. Your access and/or Use of the Site outside the United States and Puerto Rico are at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
  22. Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to Use this Site and all charges related thereto.
  23. Monitoring. We reserve the right, but not the obligation, to monitor this Site to determine compliance with these Terms of Use. You agree to cooperate with all reasonable requests of us during any investigation of an actual or suspected breach by you of these Terms of Use.
  24. Business Partners. Any of our business partners identified in this Site are independent of Simplicity. Such business partners are not joint venture partners or any other kind of partners of Simplicity. No employee or representative of any business partner is under our control.
  25. Termination. We may, in our sole and absolute discretion, modify, suspend, restrict access to, modify the hours of availability of, or terminate this Site, these Terms of Use, any Content of this Site or any link contained herein at any time without liability or prior notice. In addition, we may, in our sole and absolute discretion and without liability or prior notice, terminate or suspend your access to all or any part of this Site, including but not limited to, any bulletin boards on this Site, for any reason, including without limitation, breach of these Terms of Use. Your obligations pursuant to these Terms of Use shall survive any such modification, suspension, restriction, or termination for the maximum period allowable under applicable law.
  26. Assignment. We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Use without our prior written permission. Any attempt by you to assign your rights under these Terms of Use without our permission shall be void.
  27. Waiver. The waiver by us of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
  28. Severability. If any provision of these Terms of Use is deemed void, unlawful, or otherwise unenforceable for any reason, such provision shall be deemed modified to the extent necessary to render such provision enforceable, and these Terms of Use shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of, and the agreements set forth in, these Terms of Use.
  29. Governing Law. The validity and interpretation of these Terms of Use, and the rights and obligations of Simplicity and any person or entity Using this Site, are governed by the internal laws of the State of Ohio, excluding any choice of law provisions that require application of any other law. By Using this Site, you acknowledge and agree that any dispute that may arise out of your Use of this Site, whether sounding in contract, tort or otherwise, would involve difficult and complex issues, and therefore you agree that any lawsuit growing out of or incidental to any such dispute shall be tried in a court of competent jurisdiction by a judge sitting without a jury.
  30. Jurisdiction. We control and operate this Site from our headquarters in Westlake, Ohio. We do not represent or warrant that any materials on this Site are appropriate or available for Use in any other location. If you choose to Use this Site from another location, you do so at your own risk and are responsible for complying with any and all local laws.
    By Using this Site, you irrevocably and unconditionally submit to the exclusive jurisdiction of any Ohio state court or United States federal court sitting in Cuyahoga County, Ohio, and any court having appellate jurisdiction therefrom, in any action or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use, or for recognition or enforcement of any judgment, and you hereby irrevocably and unconditionally agree that all claims in respect of any such action or proceeding may be heard and determined in any such Ohio state court or, to the extent permitted by law, in such federal court. By Using this Site, you irrevocably and unconditionally agree that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. By Using this Site, you hereby irrevocably and unconditionally waive, to the fullest extent you may legally and effectively do so, any objection that you may now or hereafter have to the laying of venue of any suit, action, or proceeding arising out of or relating to the Use of this Site or validity and interpretation of these Terms of Use in any Ohio state or federal court sitting in Cuyahoga County, Ohio.
  31. Entire Agreement. These Terms of Use contain the entire agreement between you and Simplicity relating to the subject matter hereof, and supersede any other oral or written communications relating thereto. These Terms of Use may not be amended or supplemented by (a) any written communication originated by you relating to the subject matter hereof, (b) statements of any of our employees, or (c) any other purported modification that has not been agreed to in writing by us. We reserve the right unilaterally to make changes to these Terms of Use at any time without advance notice. We agree to post all amended forms of these Terms of Use on the Site and such amended forms shall be effective immediately upon its posting. Your continued Use of this Site subsequent to our posting of amended forms of these Terms of Use shall constitute your acceptance of the modified Terms of Use. It is at all times your responsibility to read the most current form of these Terms of Use before Using the Site to ensure that you agree to the Terms of Use of any amendments made to these Terms of Use. You agree that these standards for notice of amendments to these Terms of Use are reasonable.
  32. Acceptance of Terms of Use. You acknowledge that the provisions, disclosures, and disclaimers set forth above are fair and reasonable and your agreement to follow and be bound to them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. There are no representations, promises, warranties or undertakings by Simplicity contrary to those set forth above.
  33. Notices. Any notices required or permitted under these Terms of Use shall be in writing and sent by: (a) personal delivery, (b) United States mail, registered or certified, postage prepaid with return receipt requested; (c) by facsimile transmission later confirmed by United States mail, registered or certified, postage prepaid with return receipt requested; or (d) by overnight delivery. Notices delivered personally shall be deemed given as of the date of actual receipt. Notices delivered by United States mail shall be deemed given as of three days after mailing. Notices delivered by facsimile transmission shall be deemed given as of the date and time of receipt. Notices delivered by overnight delivery shall be deemed given as of the date of delivery. Notices shall be addressed as follows:

Simplicity

810 Sharon Drive

Westlake, Ohio 44145