Terms and Conditions
Please read these Terms & Conditions carefully and in their entirety before using www.simplicitybyday.com (hereinafter referred to as the “Site”). The Site and its content are owned by Simplicity By Day LLC
PURPOSE:
The purpose of these Terms & Conditions is to define, explain, and rules, terms, and conditions associated with using, viewing, or browsing the Site, and/or purchasing or downloading any product or service offered by Simplicity By Day, LLC, or on the Site.
SPECIAL INFORMATION:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at dai@simplicitybyday.com
You must be at least 18 years old to be able to consent to these Terms & Conditions. If you are not at least 18 years old, STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
By proceeding on the Site, you hereby agree to the following:
1. Definitions
“Company”, “We”, “I”, “Our”, or “Us” means Simplicity By Day, LLC and our website, www.simplicitybyday.com
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Dai Smith,Simplicity By Day, LLC , and/or www.simplicitybyday.com , and any and all written or downloadable material purchased, viewed, or otherwise offered by Simplicity By Day, LLC and/or on www.simplicitybyday.com , including, but not limited to, blog posts, podcasts, videos, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, cookies, etc.
“Site, Courses, Services, and/or Products” means www.simplicitybyday.com , Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, surveys, assessments, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, coaching, memberships and/or templates available on the Site.
“Site” means www.simplicitybyday.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Agreements
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
Site Rules
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
3. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.
4. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Texas or a state court located within the State of Texas in connection with any matter arising out of these Terms & Conditions,Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
5. Disclaimer:
By using the Site, you understand that we are professional organizing and productivity consultant. We are not a life coach, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.
6. Your Agreement to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
7. Changes To These Terms & Conditions
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
8. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
9. Intellectual Property:
The Site and its Content are intellectual property solely owned by Simplicity By Day, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
10. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions and our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
11. Your License to Us:
By commenting on the Site, or submitting documents to Simplicity By Day, LLC via contact form, email, subscription, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
12. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
13. Sharing the Site & Its Content:
You must request and receive written permission by email dai@simplicitybyday.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. You cannot, in any way, imply or represent that the Site or its Content belong to you; or that you, in any way, created, caused, or contributed to the Site or its Content. You cannot make any claims that you are in any way associated with Simplicity By Day, LLC
14. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
15. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
16. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Simplicity By Day, LLC
Courses, Services, and Products, you agree to release, forgive, and forever discharge Simplicity By Day, LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
17. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Simplicity By Day, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
18. Our Refund Policy:
We will make every effort to ensure the quality of our service, but should you request an refund, we process refunds according to the following rules:
Clients can request a refund for services within 48 hours after payment is secured and scheduled appointments are booked. If services are rendered, the refund period is forfeited and there is no refund available. If you have any questions about the refund policy, please contact Dai Smith at info@simplicitybyday.com
19. Arbitration Clause:
If you have any complaint or should any issue arise in the use of the Site or Simplicity By Day, LLC, Courses, Services, and/or Products, please contact us directly first by emailing Dai Smith
at dai@simplicitybyday.com
If we are unable to amicably resolve your dispute in that manner, you agree that you and Simplicity By Day, LLC , shall submit your dispute to binding arbitration with the American Arbitration Association, before a mutually agreed upon arbitrator, following the American Arbitration Association’s (“AAA”) rules.
By agreeing to this particular clause, you also agree AND understand that you’re waiving your right to a jury trial in a court. That means you cannot file a lawsuit in any court for any issue related to your use of the Site or Simplicity By Day LLC’s Courses, Services, and/or Products, . A jury trial option would be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50] miles of [Houston, TX.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas, The only award that can be issued to you is a refund of any payment made to Simplicity By Day, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
Consent to Service
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas
Consent to Service
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas
Limitation of Liability:
Simplicity By Day, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Simplicity By Day, LLC, Dai Smith, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Simplicity By Day, LLC and Dai Smith (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions [OPTIONAL ADD: or the Privacy Policy]; and (c) arising out of any alleged breach or negligence said to have been committed by us.
Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
Entire Agreement
These Terms & Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
Your Privacy & Security on the Site:
[OPTIONAL ADD. IF YOU HAVE A PRIVACY POLICY, LINK THE PHRASE ‘PRIVACY POLICY’ TO YOUR PRIVACY POLICY PAGE: Please read our Privacy Policy for how we handle your personal information.]
Contact
If you have any questions or concerns regarding these Terms & Conditions, please contact us using one of the methods below:
2799 Katy Freeway, Suite 250 Houston, TX 77007
Terms and Conditions
Please read these Terms & Conditions carefully and in their entirety before using www.simplicitybyday.com (hereinafter referred to as the “Site”). The Site and its content are owned by Simplicity By Day LLC
PURPOSE:
The purpose of these Terms & Conditions is to define, explain, and rules, terms, and conditions associated with using, viewing, or browsing the Site, and/or purchasing or downloading any product or service offered by Simplicity By Day, LLC, or on the Site.
SPECIAL INFORMATION:
By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at dai@simplicitybyday.com
You must be at least 18 years old to be able to consent to these Terms & Conditions. If you are not at least 18 years old, STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.
By proceeding on the Site, you hereby agree to the following:
1. Definitions
“Company”, “We”, “I”, “Our”, or “Us” means Simplicity By Day, LLC and our website, www.simplicitybyday.com
“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Dai Smith,Simplicity By Day, LLC , and/or www.simplicitybyday.com , and any and all written or downloadable material purchased, viewed, or otherwise offered by Simplicity By Day, LLC and/or on www.simplicitybyday.com , including, but not limited to, blog posts, podcasts, videos, graphics, newsletters, designs, documents, information, templates and materials.
“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, cookies, etc.
“Site, Courses, Services, and/or Products” means www.simplicitybyday.com , Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, surveys, assessments, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, coaching, memberships and/or templates available on the Site.
“Site” means www.simplicitybyday.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.
“You” or “Your” means the user, customer, or viewer of the Site.
2. Agreements
By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, Privacy Policy, and Disclaimer.
By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.
Site Rules
By using the Site and/or making any Purchase, you hereby agree & consent not to:
Abuse or harass any person through or on the Site.
Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.
Post or transmit any “spam” or unwanted, unsolicited content.
Post copyrighted materials, photographs, or content which do not belong to you.
Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.
Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.
3. Consent to Governing Law:
These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of Texas.
4. Consent to Jurisdiction:
You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of Texas or a state court located within the State of Texas in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.
5. Disclaimer:
By using the Site, you understand that we are professional organizing and productivity consultant. We are not a life coach, therapist, or licensed medical professional, and therefore you need to discuss and clear any and all changes to your lifestyle, exercise regimen, or medical treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience.
6. Your Agreement to These Terms & Conditions:
By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.
7. Changes To These Terms & Conditions
We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.
8. Links to Third-Party or External Websites:
The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.
9. Intellectual Property:
The Site and its Content are intellectual property solely owned by Simplicity By Day, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
10. Our Limited License to You:
If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.
You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions and our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.
11. Your License to Us:
By commenting on the Site, or submitting documents to Simplicity By Day, LLC via contact form, email, subscription, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.
12. Purchase & Access Terms:
During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.
13. Sharing the Site & Its Content:
You must request and receive written permission by email dai@simplicitybyday.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. You cannot, in any way, imply or represent that the Site or its Content belong to you; or that you, in any way, created, caused, or contributed to the Site or its Content. You cannot make any claims that you are in any way associated with Simplicity By Day, LLC
14. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
15. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law.
16. Your Release of Us:
By using the Site or Purchasing, Downloading, or using Simplicity By Day, LLC
Courses, Services, and Products, you agree to release, forgive, and forever discharge Simplicity By Day, LLC, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.
17. Errors & Omissions:
Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Simplicity By Day, LLC does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.
18. Our Refund Policy:
We will make every effort to ensure the quality of our service, but should you request an refund, we process refunds according to the following rules:
Clients can request a refund for services within 48 hours after payment is secured and scheduled appointments are booked. If services are rendered, the refund period is forfeited and there is no refund available. If you have any questions about the refund policy, please contact Dai Smith at info@simplicitybyday.com
19. Arbitration Clause:
If you have any complaint or should any issue arise in the use of the Site or Simplicity By Day, LLC, Courses, Services, and/or Products, please contact us directly first by emailing Dai Smith
at dai@simplicitybyday.com
If we are unable to amicably resolve your dispute in that manner, you agree that you and Simplicity By Day, LLC , shall submit your dispute to binding arbitration with the American Arbitration Association, before a mutually agreed upon arbitrator, following the American Arbitration Association’s (“AAA”) rules.
By agreeing to this particular clause, you also agree AND understand that you’re waiving your right to a jury trial in a court. That means you cannot file a lawsuit in any court for any issue related to your use of the Site or Simplicity By Day LLC’s Courses, Services, and/or Products, . A jury trial option would be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50] miles of [Houston, TX.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Texas, The only award that can be issued to you is a refund of any payment made to Simplicity By Day, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.
Consent to Service
You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of Texas for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of Texas
Limitation of Liability:
Simplicity By Day, LLC is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
Defense & Indemnification
You shall, at all times, indemnify, defend, and hold harmless Simplicity By Day, LLC, Dai Smith, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Simplicity By Day, LLC and Dai Smith (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions [OPTIONAL ADD: or the Privacy Policy]; and (c) arising out of any alleged breach or negligence said to have been committed by us.
Termination of Your Use
At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.
Entire Agreement
These Terms & Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.
Severability
The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.
Your Privacy & Security on the Site:
[OPTIONAL ADD. IF YOU HAVE A PRIVACY POLICY, LINK THE PHRASE ‘PRIVACY POLICY’ TO YOUR PRIVACY POLICY PAGE: Please read our Privacy Policy for how we handle your personal information.]
Contact
If you have any questions or concerns regarding these Terms & Conditions, please contact us using one of the methods below:
2799 Katy Freeway, Suite 250 Houston, TX 77007
