- Please read these Terms before using the Site. By using the Site, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a purchaser on the Site (“Users”).
For the avoidance of doubt, the “Site” shall mean www.Simply Mobile Wear.com, https and any other Simply Mobile Wear’s branded websites, web pages, mobile applications and mobile websites in operation in the United States, and the “Products” shall mean any of the various Products that Company provides through the Site or any other channels, including over the telephone. However, the terms “Site” and “Products” do not include the sites or products offered by any other Simply Mobile Wear’s affiliates and subsidiaries, including without limitation, our international subsidiaries. The products and sites offered by such other subsidiaries are subject to separate terms, which can be found on their respective sites and/or service materials. In addition, these Terms do not apply to third party entities that may use the Site or Products. Such entities’ use of the Site and Products are subject to separate terms that they agreed when they registered with the Site.
Acceptance of Terms
By accessing or using this Site you agree to be legally bound by the Terms and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.
Modification of Terms
These Terms may be amended by Simply Mobile Wear at any time. Such amended Terms shall be effective upon posting. By continuing to access or use the Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Company reserves the right to discontinue or make changes or updates with respect to the Site or the contents of the Site at any time without notice. Company reserves the right to restrict, refuse or terminate access of any person to the Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
The Site is neither intended for nor designed to be used for submission of personally identifiable information by anyone who is less than 18 years of age. We do not collect personally identifiable information from anyone we actually know is a minor under the age of 13. If the Site becomes aware that any minor is submitting or has submitted personal information to the Site without parental consent, we will close the account and delete any personal information within our control as soon as possible. In addition, for purposes of the Children’s Online Privacy Protection Act (“COPPA”), the Site makes the following statement: the Site is not directed to or intended for persons under the age of 13. If the Site becomes aware that any person submitting personal information to the Site is under the age of 13, we will close the account and delete any personal information within our control as soon as possible.
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is” and “as available.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY; (3) WARRANT THAT YOUR USE OF THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF OUR SITE TO PROVIDE THE PRODUCTS.
You assume all risk when using the Site, including but not limited to all of the risks associated with any online transactions. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including computer viruses.
Termination of User
Simply Mobile Wear reserves the right in its sole discretion to terminate your access to all or part of the Site, to close your account and/or remove your profile and/or any content posted by or about you or on your behalf (together, “User Content”) from the Site, and/or to terminate your registration, for any reason or no reason, with or without notice. If we terminate your registration, Company has no obligation to notify you of the reason, if any, for your termination.
Limitation of Liability
IN NO EVENT SHALL COMPANY OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARTNERS, LICENSORS, BRAND LICENSEES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THE SITE, THE CONTENT OR THE USER CONTENT, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
Third Party Content
Company is in no way responsible for the content of any site owned by a third party that may be linked to the Site via hyperlink, whether or not such hyperlink is provided by the Site or by a third party in accordance with the Terms. Any link on our Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.