Welcome to SIMPLY SORTED DESIGNS, LLC.
By accessing any areas of www.simplysorteddesigns.com (the “Website(s)”), or using any of SIMPLY SORTED DESIGNS, LLC’s services (“Services”), the Website(s) and Service(s) collectively the “Platform”, you agree to be legally bound and to abide by the terms and conditions set forth below (these “Terms and Conditions” or “Terms”) including any subsequent modifications to them. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS.
IF YOU ARE NOT AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 14) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. THESE TERMS ALSO INCLUDE A LIMITATION OF LIABILITY (SECTION 3) FOR ALL CLAIMS FOR DAMAGES AGAINST SIMPLY SORTED DESIGNS, LLC THAT MAY ARISE OUT OF YOUR USE OF THE PLATFORM.
The Platform is owned and operated by SIMPLY SORTED DESIGNS, LLC, a Georgia (USA) limited liability company. Any references herein to SIMPLY SORTED DESIGNS, LLC, www.simplysorteddesigns.com, “Company,” “we,” “our,” or “us” shall be deemed to refer to the Platform and/or SIMPLY SORTED DESIGNS, LLC, as applicable under the circumstances.
Note to Social Media Users. When posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms and Conditions, User’s Agreement, or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms and Conditions. Please see the following pages for further details:
All references in these Terms and Conditions to “SIMPLY SORTED DESIGNS, LLC ”, “www.simplysorteddesigns.com,” and/or “the Website(s)” shall be deemed to include both the Website(s) and any and all social media pages maintained from time to time by SIMPLY SORTED DESIGNS, LLC or its affiliates.
1. OUR SERVICES; TERMS OF SALE
Our Services: SIMPLY SORTED DESIGNS, LLC offers professional services through the Websites and through social media pages maintained by us on Facebook, LinkedIn, and elsewhere. We reserve the right to refuse service for any reason at any time.
Errors: We attempt to be as accurate as possible; however, we do not warrant that all Service descriptions, or other information on the Platform is accurate, complete, current, or error-free. If a Service offered by SIMPLY SORTED DESIGNS LLC is not as described, your sole remedy is to discontinue use of the Service. In the event of an error, whether on this Website or otherwise, we reserve the right to correct such error.
2. INTELLECTUAL PROPERTY
In General: You acknowledge that SIMPLY SORTED DESIGNS, LLC owns all right, title, and interest in and to the Platform, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from any portion of the Platform. Such rights derive from any of our copyrights, trademarks, patents, trade dress, and other such intellectual property rights that we may have with regard to the Platform.
Additionally, you acknowledge that these Terms do not convey or grant you any rights to use or reference in any manner SIMPLY SORTED DESIGNS, LLC ’s name(s), logos, trademarks, product names, and/or service names.
All trademarks not the property of SIMPLY SORTED DESIGNS, LLC which may appear on the Platform are the property of their respective owners. The use of any such trademarks by SIMPLY SORTED DESIGNS, LLC is not meant to constitute affiliation, endorsement, or approval by such company with or for SIMPLY SORTED DESIGNS, LLC or the Platform as a whole.
Use of Marks and Identification: You agree that we may identify you as a customer of SIMPLY SORTED DESIGNS, LLC and may use your name, likeness, logo, trademarks, trade names, and other similar identifying material in our customer list, blog posts, press releases, advertisements, and Websites.
Survival: This Section 2 shall survive termination of these Terms.
3. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of the Services is at your sole risk. Neither SIMPLY SORTED DESIGNS, LLC nor its affiliates, nor any of their members, managers, owners, officers, directors, employees, agents, third-party content providers, merchants, licensees, licensors, assigns, subsidiaries, suppliers, partners, advertisers, sponsors, or affiliates, including, without limitation, all parties involved in creating, producing, and/or delivering this Platform and/or Services and/or contents available on this Platform, and/or payments made through the Platform (collectively “Providers”), or the like, warrant that this Platform will be uninterrupted or error free, nor do they make any warranty as to any of the Services, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website.
Disclaimer of Warranties (Service Is Provided “As Is”). YOUR ACCESS TO AND USE OF THE PLATFORM PROVIDED BY SIMPLY SORTED DESIGNS, LLC ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM (INCLUDING THE ABILITY TO PURCHASE SERVICES) SIMPLY SORTED DESIGNS, LLC PROVIDES ARE STRICTLY PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, SIMPLY SORTED DESIGNS, LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SIMPLY SORTED DESIGNS, LLC AND ITS PROVIDERS. SIMPLY SORTED DESIGNS, LLC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS PLATFORM. SIMPLY SORTED DESIGNS, LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA, OR INFORMATION OBTAINED BY YOU THROUGH SIMPLY SORTED DESIGNS, LLC WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SIMPLY SORTED DESIGNS, LLC WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) SIMPLY SORTED DESIGNS, LLC OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability and Indemnification. IN NO EVENT SHALL SIMPLY SORTED DESIGNS, LLC’s AGGREGATE LIABILITY EXCEED THE LESSER OF THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL SIMPLY SORTED DESIGNS, LLC OR ITS PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, SIMPLY SORTED DESIGNS, LLC , INCLUDING, BUT NOT LIMITED TO, THE USE, MISUSE OR INABILITY TO USE THIS WEBSITE OR FOR V CANY CONTENT, MATERIALS, SERVICES, OR OTHER INFORMATION OBTAINED FROM OR THROUGH SIMPLY SORTED DESIGNS, LLC, OR FOR ANY INTERRUPTION, INACCURACY, ERROR, OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF SIMPLY SORTED DESIGNS, LLC OR ITS PROVIDERS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR CERTAIN OTHER TYPES OF DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD SIMPLY SORTED DESIGNS, LLC AND ITS PROVIDERS HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, THAT MAY ARISE FROM (A) YOUR USE, MISUSE OR INABILITY TO USE THIS PLATFORM OR FOR ANY CONTENT, MATERIALS, SERVICES OR OTHER INFORMATION OBTAINED FROM OR THROUGH SIMPLY SORTED DESIGNS, LLC AND (B) YOUR VIOLATION OF THESE TERMS AND CONDITIONS, AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR CONSENT OF SIMPLY SORTED DESIGNS, LLC. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
INTERNET DELAYS. USE OF THIS PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SIMPLY SORTED DESIGNS, LLC AND ITS PROVIDERS ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Force Majeure. In addition to any excuse provided by applicable law, SIMPLY SORTED DESIGNS, LLC and its Providers shall be excused from liability for non-delivery or delay in delivery of Services available through this Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
Links to Third Party Sites. This Platform may contain links to third party sites. These links are provided for convenience purposes and are not under the control of SIMPLY SORTED DESIGNS, LLC. If you choose to link to such third-party websites, we make no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming, and conduct of transactions over such sites. SIMPLY SORTED DESIGNS, LLC does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. SIMPLY SORTED DESIGNS, LLC disclaims all liability of any kind whatsoever arising out of your use of, or inability to use, such third-party websites, the use of your information by such third parties, and the security of information you provide to such third parties.
Informational Disclaimer. The content on the pages of the Platform may contain information (e.g. blog posts) related to different industries. The content is for general information only. Content may change, be updated at any point without any notice. None of the facts or opinions on the Platform are given with the intent to substitute advice from professionals, where applicable. It is possible that the information provided on the Platform or a linked website is inaccurate, may contain typographical errors, or may be out of date. You agree that SIMPLY SORTED DESIGNS, LLC shall not be liable for any such inaccuracies, typos, or any other errors on the Platform.SIMPLY SORTED DESIGNS, LLC is also under no obligation to update or correct any information.
International Use. Although this Platform may be accessible worldwide, those who choose to access this Platform from other locations do so on their own initiative and at their own risk. If you choose to access this Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of Services purchased over the Internet. Any offer for any Service and/or information made in connection with this Website is void where prohibited.
4. CONTENT AND COPYRIGHT OWNERSHIP
Copyright and Limited License. Unless otherwise indicated, this Platform and all content and other materials therein, including, without limitation, the SIMPLY SORTED DESIGNS LLC logo and all designs, SIMPLY SORTED DESIGNS, LLC'S trademarks and service marks, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of SIMPLY SORTED DESIGNS, LLC or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use this Platform and Site Materials for personal, informational, and shopping purposes only. Such license is subject to the Terms and Conditions and does not include: (a) any resale or commercial use of this Platform or Site Materials; (b) the collection and use of any Service listings, pictures, or descriptions; (c) the distribution, public performance, or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Platform and the Site Materials, or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Platform, the Site Materials, or any information contained therein, except as expressly permitted on this Platform; or (g) any use of this Platform or the Site Materials other than for its intended purpose. Any use of this Platform or Site Materials other than as specifically authorized herein, without the prior written permission of SIMPLY SORTED DESIGNS, LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring in any manner, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
Third-Party Site Materials. We may provide third party content on this Platform and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse, or adopt any Third-Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that SIMPLY SORTED DESIGNS, LLC is not responsible or liable in any manner for any Third-Party Site Materials and undertakes no responsibility to update or review such Third-Party Site Materials. You agree to use such Third-Party Site Materials contained therein at your own risk.
Advertisements and Promotions; Third-Party Products and Services. We may display advertisements and promotions from third parties on this Platform or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, privacy policies, warranties, or representations associated with such dealings or promotions, are solely between you and such third party. SIMPLY SORTED DESIGNS, LLC is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Company advertisers or third- party information on this Website.
Your Content. You own the rights to anything you post (Your “User Content”) to the Platform, including text and photographs. You do, however, grant SIMPLY SORTED DESIGNS, LLC an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, display, transmit, distribute, publish, sublicense, copy, store, provision into and/or reproduce, and create derivative works from all User Content you provide to us, in any media now known or hereafter devised, as part of the Platform or any of our Services.
Furthermore, by transmitting any message, communication, information or data including photos, contact information, or text, and any other User Content, you grant SIMPLY SORTED DESIGNS, LLC and its affiliates a non- exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content to collect, use, store, handle, reproduce, display, perform, and transmit such User Content for the purpose of providing the Platform and Services we provide. You represent and warrant, and can demonstrate to SIMPLY SORTED DESIGNS, LLC ’s full satisfaction upon request that you (a) own or otherwise control all rights to all User Content, or that the User Content is in the public domain, (b) have the permission to use the name and likeness of each identifiable individual person in such User Content and to use such individual’s identifying or personal information as contemplated by these Terms, and (c) are authorized to grant all of the aforementioned rights to the User Content to SIMPLY SORTED DESIGNS, LLC .
You agree that SIMPLY SORTED DESIGNS, LLC, in its sole discretion, has the authority to remove any User Content if in our sole discretion, the User Content is inaccurate, vulgar, defamatory, or otherwise inappropriate. If you believe that User Content you find on the Platform is inappropriate or otherwise inaccurate, please let us know at firstname.lastname@example.org.
DMCA Policy. SIMPLY SORTED DESIGNS, LLC respects the intellectual property rights of others and expects its users to do the same. Pursuant to this goal and the Digital Millennium Copyright Act (DMCA). 17 U.S.C. Section 512(c), a copyright owner may submit a takedown request with the listed DMCA Agent below. Infringers of our copyright policies listed herein and, in our Terms, may lead to the termination of said infringer’s account.
To submit a valid DMCA notification, please follow the instructions below:
Send all notifications pursuant to this section to our DMCA Agent.
5041 Southern Trace Drive
Gainesville, GA 30504
5. YOUR USE OF THE PLATFORM
Your Conduct. The Platform is made available to you for commercial use. Such use must be in compliance with all applicable laws and rules and regulations of the applicable jurisdiction and must not infringe or violate third party rights. Any unauthorized use of the Platform is a violation of these Terms and potentially federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Examples of unauthorized activities on the Platform include:
Your Use of The Platform. The Services and Platform that we offer is provided only for your commercial use. You are responsible for all or your activity in connection with such services. You shall not (and shall not permit any third party to) (a) take any action or (b) upload, download, post, submit otherwise distribute or facilitate distribution of any content on or through the Platform that: (i) infringes any patent, trademark, trade secret, right in confidential information, copyright, right of publicity or other right of any other person or entity; (ii) violates any law or contractual duty or that you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, or otherwise inappropriate as determined solely by SIMPLY SORTED DESIGNS, LLC ; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”); (v) involves commercial activities and/or sales without our prior written consent; (vi) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damages, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of SIMPLY SORTED DESIGNS, LLC or any third party; (vii) or impersonates any person or entity, including any employee or representative of SIMPLY SORTED DESIGNS, LLC. Additionally, you shall not: (a) take any action that imposes or may impose (as determined by SIMPLY SORTED DESIGNS, LLC in its sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Platform and Services that we provide or any activities conducted on the Platform; (c) bypass any measures we may use to prevent or restrict access to the Platform (or other accounts, computer systems or networks connected to the Platform); or (d) run any form of auto-responder or “spam” on the Platform. You also agree that you will only use the Platform in accordance with these Terms and all applicable laws.
You Agree Not to Reverse Engineer. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any aspect of the Platform for any reason—or to attempt or assist another person to do so.
Federal, State, International Regulation Compliance. Company may be deemed a provider of “interactive computer services” as defined by the Communications Decency Act. 47 U.S.C. Section 230. Pursuant to this law, Company is not responsible for User Content (e.g. guest blog posts or comments on blogs). Therefore, Company’s liability for causes of action such as defamation, libel, product disparagement, and others arising out of User Content is limited. Company does not warrant the accuracy of such User Content and does not assume legal responsibility or liability for any User Content including responsibility or liability for investigating or verifying the accuracy of User Content.
You additionally agree to abide by all tax regulations, covenants, licenses, and restrictions applicable to your jurisdiction. With regard to European customers, you may be required to provide information to assist Company in collecting VAT or other indirect taxes, or evidence of your exemption from such taxes.
6. SUBMISSION OF IDEAS
Any questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information about Company, the Website(s), and our Services (collectively, “Ideas”) that you submit, whether posted to this Platform or provided to the Company by email or otherwise are entirely voluntary, non-confidential, gratuitous, and non-committal. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to this Platform for noncommercial purposes, provided such links do not portray SIMPLY SORTED DESIGNS, LLC in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use our logo or other proprietary graphics to link to this Platform without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any SIMPLY SORTED DESIGNS, LLC trademark, logo, or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of SIMPLY SORTED DESIGNS, LLC or any third party.
SIMPLY SORTED DESIGNS, LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of embedded content, third-party websites accessible via hyperlink, or websites linking to the Platform. Such sites are not under the control of SIMPLY SORTED DESIGNS, LLC and we are not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. SIMPLY SORTED DESIGNS, LLC and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any site, or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Platform.
In the course of providing Services, and information via this Website, we may deliver to you content, materials, and other information that is confidential, proprietary to SIMPLY SORTED DESIGNS, LLC , or which constitutes a “trade secret” of SIMPLY SORTED DESIGNS, LLC (“Confidential Information”). You agree that you will hold all Confidential Information in trust for SIMPLY SORTED DESIGNS, LLC, that you will not publish, disseminate, or otherwise disclose Confidential Information to any person, firm, or entity, and that you will not use Confidential Information to compete with SIMPLY SORTED DESIGNS, LLC or in any other way detrimental to SIMPLY SORTED DESIGNS, LLC . Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to our Services, information (whether in written or electronic form) delivered to you in the course of rendering Services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of these Terms and Conditions. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to SIMPLY SORTED DESIGNS, LLC and will cooperate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
9. PRIVACY AND COMMUNICATION
You acknowledge and agree that we may occasionally send you communications such as emails, both for commercial and transactional purposes, regarding your account, Services, purchases, or the Platform.
Notwithstanding any of these Terms and Conditions, we reserve the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Platform.
All terms of this agreement which by their nature extend beyond their termination shall remain in effect until fulfilled and apply to respective successors and assigns.
11. USAGE BY CHILDREN AND MINORS
SIMPLY SORTED DESIGNS, LLC. cannot prohibit minors from visiting this Website. SIMPLY SORTED DESIGNS, LLC must rely on parents, guardians, and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
12. APPLICABLE LAW
These Terms and Conditions and this Website are created and controlled by SIMPLY SORTED DESIGNS, LLC, a limited liability company organized in the State of Georgia, U.S.A. As such, the laws of the State of Georgia, U.S.A., will govern these Terms and Conditions, without giving effect to any principles of conflicts of laws. Subject to Section 14, you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Georgia, U.S.A., for any litigation arising out of or relating to use of or purchase made through SIMPLY SORTED DESIGNS, LLC (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the County of Hall, in the State of Georgia, U.S.A., and agree not to plead or claim in any court of the County of Fulton in the State of Georgia, U.S.A., that such litigation brought therein has been brought in an inconvenient forum. The submission in this Section 12 herein shall not affect the right of SIMPLY SORTED DESIGNS, LLC to take proceedings in any other jurisdiction nor shall the taking of proceedings in any jurisdiction preclude SIMPLY SORTED DESIGNS, LLC from taking proceedings in any other jurisdiction.
13. MODIFICATION OF TERMS
We reserve the right to change these Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by posting the revised Terms and Conditions on this page. You acknowledge and agree that it is your responsibility to review this Site and this Terms and Conditions regularly and to be aware of any modifications. Your continued use of the site after such modifications will constitute your: (a) acknowledgment of the modified Terms and Conditions; and (b) agreement to abide and be bound by the modified Terms and Conditions.
14. DISPUTE RESOLUTION
Please read this dispute resolution section (this “Arbitration Agreement”) carefully. It is part of your contract with SIMPLY SORTED DESIGNS, LLC and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any Service provided by the us that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: Registered Agent 5041 Southern Trace Drive , Gainesville, GA, 30504. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the
arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of the primary office of the Company, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that the we made to you prior to the initiation of arbitration, we will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND SIMPLY SORTED DESIGNS, LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with SIMPLY SORTED DESIGNS, LLC.
Small Claims Court. Notwithstanding the foregoing, either you or SIMPLY SORTED DESIGNS, LLC may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Hall County, Georgia for such purpose.
15. ELECTRONIC COMMUNICATIONS
The communications between you and SIMPLY SORTED DESIGNS, LLC use electronic means, whether you use the Website or send us emails, or whether SIMPLY SORTED DESIGNS, LLC posts notices on the Website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and SIMPLY SORTED DESIGNS, LLC as a result of these Terms and Conditions. The failure of SIMPLY SORTED DESIGNS, LLC to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
These Terms and Conditions, together with any applicable policies, comprise the entire agreement between you and SIMPLY SORTED DESIGNS, LLC and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
17. CONTACTING US
If you have any questions about these Terms and Conditions or your dealings with this Website, please feel free to email us at email@example.com.
These Terms and Conditions were last modified on January 18, 2021.
BY READING, USING OR PURCHASING FROM THIS WEBSITE (SIMPLY SORTED DESIGNS), YOU INDICATE YOUR ACCEPTANCE AND AGREEMENT TO THE FOLLOWING TERMS AND INFORMATION. IF YOU DO NOT ACCEPT THESE TERMS PLEASE DO NOT USE THIS WEBSITE IN ANY WAY.
SIMPLY SORTED DESIGNS, LLC (“We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website(s) “firstname.lastname@example.org or use and/or purchase any of our products or services (all website(s), products and services collectively deemed “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
It does not apply to information collected by:
2. CHILDREN UNDER THE AGE OF 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com
3. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We may collect several types of information from and about users of our Website, including information:
4. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES
The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
The technologies we use for this automatic data collection may include:
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
6. HOW WE USE YOUR INFORMATION
We may use the information that we collect about you or that you provide to us, including any personal information:
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria
7. HOW WE DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about our users and information that does not identify any individual without restriction.
We may also disclose your personal information:
8. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
9. HOW WE PROTECT YOUR INFORMATION
Your private information is of paramount importance to us. We therefore strive to and continue to increase measures to keep your information safe. Just keep in mind that no security measures and no practices we have are impenetrable. While we make every effort to keep your information safe, we cannot guarantee the security of your information. To help us further protect you from security attacks such as third-party interception of your information, it is recommended that you protect against unauthorized access to your computer, device and to log off when you are using a shared device such as a public computer.
10. DATA RETENTION AND PROCESSING
We will keep information you store with us for as long as we need it to provide you the Website and we may store, use, and/or transmit information in locations around the world, including those outside your country. For EU residents, upon written request to firstname.lastname@example.org any personal data we would have been processing on your behalf would be deleted permanently within 30 calendar days.
After such a period of time passes, we will delete this information but there may be some latency in deleting this information from our servers and back-up storage, and we may keep this information if it is necessary to comply any legal obligations such as resolving disputes or enforcing our relevant agreements. We may also retain cached or archived copies of your information until it is deleted on our servers within a period congruent with our normal course of business. For EU residents, upon written request to email@example.com any personal data we would have bene processing on your behalf would be deleted permanently within 30 calendar days.
For users outside the United States: We are headquartered in Georgia, and in order to provide the Website to you we must transfer your data to the United States and process it there. By visiting or using the Website, you consent to storage of your data on servers located in the United States. If you are using the Website from outside the United States, you consent to the transfer, storage, and processing of your data in and to the United States or other countries. Specifically, personal data collected in Switzerland and the European Economic Area (“EEA”) is transferred and stored outside those areas. That data is also processed outside of Switzerland and the EEA by us, or our service providers, including to process transactions, facilitate payments, and provide support services. By submitting your data or using the Website, you consent to this transfer, storage, and processing by us and our processors.
11. ACCESSING AND CORRECTING YOUR INFORMATION
You can review and change your personal information by notifying us at firstname.lastname@example.org.
You may also send us an email at email@example.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
If you are an EU resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. Additionally, you are entitled to see information third parties provide us as part of our fraud detection, prevention and risk assessment efforts if all of the following factors apply: (i) we use third parties to carry out automated checks or risk assessments, (ii) we make a decision which has legal consequences for you or which significantly affects you, and (iii) such decision is based solely on such automated checks or risk assessments.
Requests should be addressed to:
SIMPLY SORTED DESIGNS
5041 Southern Trace Drive
Gainesville, GA 30504
12. YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.
To make such a request, please send an email to firstname.lastname@example.org or write us at:
SIMPLY SORTED DESIGNS, LLC
5041 Southern Trace Drive
Gainesville, GA 30504
14. CONTACT INFORMATION
SIMPLY SORTED DEISGNS, LLC
5041 Southern Trace Drive
Gainesville, GA 30504