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.
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.
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.
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
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.
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.
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.
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.
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 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.
SimpleCare welcomes your questions or comments regarding the Terms.
PO Box 59447
Renton, WA 98058
Phone: (425) 255-4166
Effective as of August 17 2018