Terms and Conditions of Use
Agreement between User and simplecare.com
Welcome to simplecare.com . The simplecare.com website (the"Site") is composed of various web pages operated by Simple Care (''Simple Care''). The simplecare.com website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the ''Terms''). Your use of the simplecare.com website constitutes your agreement to all such Terms.
Please read these terms carefully and keep a copy of them for your reference.
The simplecare.com website provides a service
SimpleCare
offers educational information, as well as an ethical solution for providing and
obtaining affordable healthcare services and goods to anyone, anywhere in the
US.
Privacy
Your use of the simplecare.com website is subject
to SimpleCare's Privacy Policy. Please review
our Privacy Policy which also governs the Site and informs users of our data
collection practices.
Electronic Communications
Visiting simplecare.com or
sending emails to SimpleCare constitutes electronic communications. You consent
to receive electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide you electronically, via
email and on the Site, satisfy any legal requirement that such communications be
in writing.
Your Account
If you use this site you are responsible for
maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that SimpleCare is not responsible for third-party access to your account that
results from theft or misappropriation of your account. SimpleCare and its
associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
SimpleCare does not knowingly
collect either online or offline, personal information from persons under the
age of thirteen. If you are under 18, you may use simplecare.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
Please refer to
SimpleCare
Membership, Definition, Cancellation and Renewal Policies
Links to Third Party Sites/Third Party Services
The
simplecare.com website may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of SimpleCare and SimpleCare is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked Site.
SimpleCare is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by SimpleCare of the site or
any association with its operators.
Certain services made available via simplecare.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the simplecare.com domain, you hereby acknowledge a consent that SimpleCare may share such Informational data with any third-party with whom SimpleCare has a contractual relationship to provide the requested product, service or functionality on behalf of simplecare.com users and customers.
No Unlawful or Prohibited Use of Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access
and use simplecare.com strictly in accordance with these terms of use. As a
condition of your use of the Site, you warrant to SimpleCare that you will not
use the Site for any purpose that is unlawful or prohibited by these Terms. You
may not use the Site in any manner which could damage, disable, overburden, or
impair the Site or interfere with, other party's use and enjoyment of the Site.
You may not obtain, attempt to obtain any materials or Information through means
not intentionally made available or provided for through the Site.
All content Included as part of the Service, such as text graphics, logos, Images, as well as the compilation thereof and any software used on the Site is the property of SimpleCare or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, transfer, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part found on the Site. SimpleCare content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of protected content, specifically, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of SimpleCare and the copyright owner. You agree that you do not acquire any ownership rights in any protected content We do not grant you any licenses expressed or implied, to the intellectual property of SimpleCare or our licensors, except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your
SimpleCare account to third-party accounts. By connecting your SimpleCare
account to your third-party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in
accordance with your privacy settings on those third-party sites). If you do not
want information about you to be shared in this manner, do not use this
feature.
International Users
The Service is controlled, operated
and administered by SimpleCare from our offices within the USA. If you access
the Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the SimpleCare content
accessed through simplecare.com in any country or in any manner prohibited by
any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless SimpleCare, its officers, directors’ employees, agents and
third-parties, for any losses, costs, liabilities. expenses (including
reasonable attorney fees) relating to or arising out of your use of or inability
to use the Site or services, any user postings made by you, your violation of
any terms of this Agreement, or your violation of any rights of a third-party,
or your violation of any applicable laws, rules or regulations. SimpleCare
reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you
will fully cooperate with SimpleCare in asserting any available defenses.
Arbitration
In the event the parties are not able to
resolve , dispute between them arising out of or concerning these Terms and
Conditions, or any provisions hereof whether in contract tort or otherwise at
law or in equity for damages, other relief then such dispute shall be resolved
only by formal and binding arbitration pursuant to the Federal Arbitration Act,
conducted by a single neutral arbitrator and administered by the American
Arbitration Association, or a similar arbitration service selected by the
parties in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action proceeding, or
arbitration arises out of or concerns these Terms and Conditions, the prevailing
party shall be entitled to recover its costs and reasonable attorney's fees. The
parties agree to arbitrate all disputes and claims in regard to these Terms and
Conditions or any disputes arising as result of these Terms and Conditions,
whether directly or indirectly including Tort claims that are a result of these
Terms and Conditions. The parties agree that the Federal Arbitration Act governs
the interpretation and enforcement of this provision. The entire dispute,
including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the
termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and
Conditions will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER Further, unless both you and
SimpleCare agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a representative
or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN
SIMPLECARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE
AT ANY TIME.
SIMPLECARE AND OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUTIABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS SERVICES AND RELATED GRAPHICS ARE PROVIDED ''AS IS'' WITHOUT WARRANTY OR CONDITION OF ANY KIND. SIMPLECARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FIT FOR A PARTICULAR PURPOSE TITLE AND NONENFRINGEMENT TO THE MAXIMIM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL SIMPLECARE AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNATIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE PRODUCTS SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF SIMPLECARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THE ABOVE LIMITATION MAY NOT APPLY TO YOU IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
SimpleCare reserves the
right, in its sole discretion to terminate your access to the site and the
related services or any portion thereof at any time, without notice. To the
maximum extent permitted by law, this agreement is governed by the laws of the
State of Washington and you hereby consent to the exclusive jurisdiction and
venue of courts In Washington in all disputes arising out of or relating to the
use of the Site. Use of the Site is unauthorized in any jurisdiction that does
not give effect to all provisions of these Terms, including, without limitation,
this section.
You agree that no joint venture partnership, employment, or agency relationship exists between you and SimpleCare as a result of this agreement or use of the Site. SimpleCare's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SimpleCare’s right to comply with governmental court and law enforcement requests or elements relating to your use of the Site or information provided to or gathered by SimpleCare with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable laws not limited to, the warranty disclaimers and liability of the terms set forth above, then the invalid or unenforceable provision will be deemed a valid, enforceable provision that closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein this agreement constitutes the entre agreement between the user and SimpleCare in respect to the Site and supersedes any prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SimpleCare with respect toward any printed version of user agreement or of any notice given in electronic form, shall be admissible by judicial or administrative proceedings based upon or relating to user agreement to the same extent subject to the same claims as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
SimpleCare reserves the right in its
sole discretion to change the Terms under which simplecare.com is offered. The
most current version of the Terms will supersede all previous versions.
SimpleCare encourages you to periodically review the Terms to stay informed of
our updates.
Contact Us
SimpleCare welcomes your questions or comments
regarding the Terms.
Simple Care
PO Box 59447
Renton, WA 98058
United States
Phone: (425) 255-4166
Effective as of August 17 2018