SimplifyReality Terms of Service
Effective as of November 1, 2019, SimplifyReality, Inc., (“SimplifyReality”) and its subsidiaries, (collectively, the “SimplifyReality Group” or “we” or “us” or “our”) have updated terms that apply to the use of our Websites (as herein defined). For the purposes of these Terms of Use, the term, “Websites”, shall refer collectively to www.SimplifyReality.com as well as the other websites that the SimplifyReality Group operates and that link to these Terms of Use.
We provide the Websites to you subject to these Terms of Use (“Terms”), which may be updated by us from time to time pursuant to Section 1 herein. By accessing and using the Websites, you accept and agree to be bound by these Terms, SimplifyReality’s Privacy Policy found here and SimplifyReality’s Cookie Policy found here. If you do not agree to these Terms, you should not access or use the Websites. In addition, when accessing the Websites you shall be subject to any posted guidelines or rules applicable to the Websites, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms.
These Terms do not apply to your access to and use of the products and services which we market for subscription on our Websites (our “Services”). The practices and policies, including how we protect, collect, and use electronic data, text, messages, communications or other materials submitted to and stored within the Services by You (“Service Data”) are detailed in and governed by our Master Subscription Agreement, available here, or such other applicable agreement between you and any member of the SimplifyReality Group relating to your access to and use of such Services (“Service Agreement”).
4.1 The Websites may contain comments sections, discussion forums, or other interactive features (“Interactive Areas”) in which you may post or upload user-generated content, comments, video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. Interactive Areas are available for individuals aged 13 years or older. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the Websites.
4.2 By submitting any User Content or participating in an Interactive Area within or in connection with the Websites, you agree that you will not upload, post or otherwise transmit any User Content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by SimplifyReality, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites; (j) does not generally pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person’s consent. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by SimplifyReality, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Websites.
4.3 You agree not to represent or suggest, directly or indirectly, the SimplifyReality Group’s endorsement of User Content.
4.4 You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any service, technology or automated system to artificially inflate the page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
4.6 You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the Websites will not be permitted. We reserve the right, in our sole discretion, to remove or edit User Content submitted by you.
4.8 We are not responsible for the accuracy or credibility of any User Content, and do not take any responsibility or assume any liability for any actions you may take as a result of reading User Content posted on the Websites. Through your use of Interactive Areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by SimplifyReality to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.
4.9 We have the right, but not the obligation, to monitor User Content posted or uploaded to the Websites to determine compliance with these Terms and any operating rules established by us and to satisfy any law, regulation or authorized government request. Although we have no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to the Websites, we reserve the right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to the Websites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Websites at your sole cost and expense. The decision by SimplifyReality to monitor and/or modify User Content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or arising from your use of Interactive Areas on the Websites.
4.10 By submitting User Content to the Websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or to any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the User Content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the User Content you submitted for the purposes contemplated in this license and that neither the User Content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the User Content by a breach of these Terms.
5. User Conduct Guidelines. The following terms apply to your conduct when accessing or using the Websites: (a) you agree not to interfere with or disrupt the Websites or the servers or networks connected to the Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the Websites; (b) you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Websites, use of the Websites, or access to the Websites; (c) you agree not to engage in any activity that would constitute a criminal offense or give rise to a civil liability; (d) you agree not to impersonate any person or entity, including, but not limited to, the SimplifyReality Group or any SimplifyReality Group employee, or falsely state or otherwise misrepresent your affiliation with any person or entity; and (e) you agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Websites or posting private information about a third party.
6. Intellectual Property Rights. All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software and computer code (collectively, “Content”), including but not limited to the “look and feel”, layout, design, structure, color scheme, selection, combination and arrangement of the Content present on the Websites is owned by or licensed to us. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws.
Except with our express prior written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Websites or Content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download Content from the Websites solely for your personal and non-commercial use provided that: (a) you do not remove any copyright or proprietary notice from the Content; (b) such Content will not be copied or posted on any networked computer or published in any medium; and (c) no modifications are made to such Content.
7. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE SIMPLIFYREALITY GROUP, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS OR LICENSORS DO NOT WARRANT THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITES, NOR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
(B) THE WEBSITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS.
(C) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE SIMPLIFYREALITY GROUP, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF THE SIMPLIFYREALITY GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT THE SIMPLIFYREALITY GROUP OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
(D) We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing the Websites, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use the Websites.
8. Indemnification. You agree to defend, indemnify and hold harmless the SimplifyReality Group, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Websites by you. The SimplifyReality Group reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide SimplifyReality with such cooperation as is reasonably requested by the SimplifyReality Group.
9. Termination. We may terminate or suspend these Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate your access to the Websites in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. The provisions of Sections 2, and 5-12 shall survive termination of these Terms.
10. Governing Law. The content, data, video, and all other material and features on the Websites are presented for the purpose of providing entertainment, news and/or information and/or promoting programs, films, music, games, and other products and/or services that are or may become available in the United States, its territories, possessions, and protectorates.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of the Websites, and/or the provision of content, services, and/or technology on or through the Websites shall be governed by and construed exclusively in accordance with the laws and decisions of the State of California applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
Please report any violations of these Terms to the SimplifyReality Legal Department.
11. Copyrights and Copyright Agent. We respect others’ intellectual property rights, and expect our users and customers to do the same. If you believe that your work has been copied on the Websites in a way that constitutes copyright infringement, please follow the procedures outlined in SimplifyReality’s Copyright Infringement Notice & Takedown Policy. We reserve the right to terminate access to the Websites for users or customers who post material that infringes the intellectual property rights of others.
12. Miscellaneous. These Terms and any operating rules for the Websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of the SimplifyReality Group, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
These Terms were last updated on November 1, 2019.
Notification of Infringement
SimplifyReality, Inc. (hereafter, “SimplifyReality”) abides by the federal Digital Millennium Copyright Act (DMCA) and similar regulations in other jurisdictions by responding to written notifications of alleged infringement by legitimate copyright holders. As part of our response, we may remove or disable access to allegedly infringing material residing on our websites and within the Service. Please note that SimplifyReality does not control content hosted on any third party website, and cannot remove content from any website it does not own or control.
To submit a copyright infringement notification to SimplifyReality, send a written communication to our Copyright Agent, as required by the DMCA, and provide the following information in writing:
Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys’ fees incurred by the alleged infringer or by SimplifyReality. Therefore, if you are not sure whether material infringes your copyright, you should first consider contacting an attorney.
SimplifyReality’s Response to Notifications
Following receipt of a proper written notification, SimplifyReality will expeditiously remove or disable the allegedly infringing content. We will also notify the customer who submitted or posted the allegedly infringing material, and provide them with a copy of the copyright infringement notification. We may suspend or terminate access to the Service of customers that repeatedly or egregiously infringe the copyrights of others.
Counter Notification
If a customer of the Service believes that their content was removed or disabled by mistake or misidentification, the customer can send us a written counter notification that includes the following:
Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
SimplifyReality will only accept counter notifications that meet the requirements set forth above and are properly submitted to our Copyright Agent. Upon receipt of a proper written counter notification, SimplifyReality will provide the person that submitted the infringement notification with a copy of the counter notification, and will, on or after 10 business days following receipt of the counter notification, restore the removed material to the Service unless our Copyright Agent first receives notice that a court action has been filed to restrain the customer from engaging in infringement related to the allegedly infringing material.
Copyright Agent Information
SimplifyReality, Inc.The full text of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/hr2281.pdf.
SimplifyReality’s trademarks and brands are SimplifyReality intellectual property and are among our most valuable assets. In order to preserve and protect these brands, it is essential that they are used properly. Follow these Guidelines and our Brand Style Guide for using SimplifyReality’s trademarks and brands properly in all communications, documents, and electronic messages.
These Guidelines apply to SimplifyReality employees, customers, partners, licensees, outside vendors, and other third parties. If you are a Licensee of a SimplifyReality trademark or logo, your license agreement may have particular usage guidelines different than provided here. If so, please follow the specific guidelines in your agreement. If you are a Licensee but have not been provided with special guidelines for usage of SimplifyReality brands, then these Guidelines apply to your usage of SimplifyReality brands.
You may reference SimplifyReality’s products and services using the SimplifyReality trademarks, so long as such references are: (1) truthful, fair, and not misleading, and (2) comply with these Guidelines, which may be modified from time to time by SimplifyReality in its sole discretion. The SimplifyReality trademarks and brands should never be used in a way that could cause anyone wrongly to believe that your products or services are offered, endorsed, or sponsored by SimplifyReality or any of its subsidiaries.
Properly designate the status of SimplifyReality’s trademarks by using the correct trademark symbol (® or ™) reflecting SimplifyReality’s ownership of particular marks as set forth below. Also include an attribution of SimplifyReality’s ownership in the following format: “_______ is a trademark of SimplifyReality, Inc.”
Use the SimplifyReality trademarks only as adjectives followed by the appropriate generic product or service noun describing the relevant product or service (e.g., “the SimplifyReality® help desk platform rocks”). SimplifyReality trademarks should not be used in plural or possessive form or as verbs.
When SimplifyReality is used to refer to our company, SimplifyReality, Inc., rather than as a brand of product or services, then the rules for proper usage change slightly. Unlike trademarks, company names are proper nouns; they can be used in the possessive form and do not need to be followed by a generic term. Neither the ™ nor ® symbol should accompany references to SimplifyReality as a company. Example:
Correct: SimplifyReality is now offering its customers more choices than ever.
Incorrect: SimplifyReality® is now offering its customers more choices than ever.
Do not assert rights over any SimplifyReality brand whether by incorporating a SimplifyReality brand into your own product or service names, trademarks, logos, company names, or domain names or seeking a trademark or domain name registration for any term that includes a SimplifyReality brand.
Do not make unlicensed use of SimplifyReality logos, such as the Z logo listed below. Third party use of SimplifyReality logos requires a license or written permission from SimplifyReality. If you are interested in obtaining a license to use a SimplifyReality trademark or logo, contact us to discuss your proposed use.
When using SimplifyReality’s trademarks: (i) follow the style and usage guidelines available in our Brand Style Guide; (ii) use our Logos exactly as they appear here, and do not alter or distort their appearance in any way, for example, by adding your own design elements or changing the font, colors, or size; (iii) allow for clear space around our Logo; and (iv) maintain the legibility of our Logos and keep them sharp, clear, and well-produced. When using our Word Marks, you may not change their appearance by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, or using improper capitalization.
Unless expressly permitted in an agreement between you and SimplifyReality, you may not bid on a SimplifyReality trademark (or any variant or extension thereof) as a keyword on any search engine, or use a SimplifyReality trademark (or any variant or extension thereof) in any form of paid advertising including, but not limited to, paid social and display advertisements.
You may not use a SimplifyReality trademark in a disparaging or degrading manner.
The following is an illustrative, non-exhaustive list of logos and trademarks owned by SimplifyReality. Because this list of logos and trademarks and their status could change over time, including as we add new products and services, please review this section in these Guidelines periodically. Please note that the absence of a product or service name or logo from the list below does not constitute a waiver of SimplifyReality’s trademark or other intellectual property rights in that name or logo.
Nurture Bot™
SimplifyReality®
SimplifyReality Chat™
SimplifyReality Connect™
SimplifyReality Explore™
SimplifyReality Guide™
SimplifyReality Message™
SimplifyReality Support™
SimplifyReality Talk™
Simplify®
If you become aware of any usage of SimplifyReality trademarks or brands in violation of these Guidelines, please contact us.
Effective as of January 25, 2019, SimplifyReality, Inc., (“SimplifyReality”) and its subsidiaries, (collectively, the “SimplifyReality Group” or “we” or “us” or “our”) have updated our Cookie Policy.
This Cookie Policy (“Policy”) explains that we believe in being open and clear about how we use your information. In the spirit of transparency, this Policy provides detailed information about how and when we use cookies on our Websites. For the purposes of this Policy, the term, “Websites”, shall refer collectively to www.SimplifyReality.com as well as the other websites that the SimplifyReality Group operates and that link to this Policy.
Yes. The SimplifyReality Group and our marketing partners, affiliates, and analytics or service providers use cookies and other technologies to ensure everyone who uses the Websites has the best possible experience.
A cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies will always be used. You can find out more about each cookie by viewing our current cookie list below. We update this list quarterly, so there may be additional cookies that are not yet listed. Web beacons, tags and scripts may be used in the Websites or in emails to help us to deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers on an individual and aggregated basis.
When you visit our Websites, we may place a number of cookies in your browser. These are know as First Party Cookies and are required to enable to hold session information as you navigate from page to page within the website. For example, we use cookies on our Websites to understand visitor and user preferences, improve their experience, and track and analyze usage, navigational and other statistical information. You can control the use of cookies at the individual browser level. If you elect not to activate the cookie or to later disable cookies, you may still visit our Websites, but your ability to use some features or areas of the Websites may be limited.
You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. To learn more about how to control cookie settings through your browser:
Click here to learn more about the “Private Browsing” setting and managing cookie settings in Firefox;
Click here to learn more about “Incognito” and managing cookie settings in Chrome;
Click here to learn more about “InPrivate” and managing cookie settings in Internet Explorer; or
Click here to learn more about “Private Browsing” and managing cookie settings in Safari.
If you want to learn more about cookies, or how to control, disable or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain third party advertising networks, including Google, permit users to opt out of or customize preferences associated with your internet browsing. To learn more about this feature from Google, click here.
Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.
The Websites include third party social media features, such as the Facebook Like button, and third party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Websites. These features may collect your IP address, which page you are visiting on the Websites, and set a cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third party company providing it.
We may use any of the following categories of cookies on the Websites as detailed below.
Each cookie falls within one of the four following categories:
| Category | Description |
|---|---|
| 1. Essential Cookies | Essential cookies (First Party Cookies) are sometimes called “strictly necessary” as without them we cannot provide many services that you need on the Website. For example, essential cookies help remember your preferences as you move around the Website. |
| 2. Analytics | These cookies track information about visits to the |
| Cookies | Websites so that we can make improvements and report our performance. For example: analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. They collect information about how visitors use the Websites, which site the user came from, the number of each user’s visits and how long a user stays on the Websites. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. |
| 3. Functionality or Preference Cookies | During your visit to the Websites, cookies are used to remember information you have entered or choices you make (such as your username, language or your region) on the Websites. They also store your preferences when personalizing the Websites to optimize your use of SimplifyReality, for example, your preferred language. These preferences are remembered, through the use of the persistent cookies, and the next time you visit the Websites you will not have to set them again. |
| 4. Targeting or Advertising Cookies | These Third Party Cookies are placed by third party advertising platforms or networks in order to, deliver ads and track ad performance, enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral” “tracking” or “targeted” advertising) on the Websites. They may subsequently use information about your visit to target you with advertising that you may be interested in, on the Websites and other websites. For example, these cookies remember which browsers have visited the Websites. |
List of Cookies used on the Websites:
| Website Name(s) | Cookie Name | Cookie Purpose | Cookie Duration | Category |
|---|---|---|---|---|
| All Websites | Google Analytics | This web analytics cookie collects information about how visitors use the Websites, which website the user came from, the number of each user’s visits and how long a user stays on the Websites | 2 years | Analytics |
| www.bimeanalytics.com | Google Analytics | Session Google Analytics | 10 minutes | Analytics |
| www.bimeanalytics.com | Heap Analytics | Event tracking to monitor behavior | 2 years | Analytics |
| www.bimeanalytics.com | Heap Analytics | Session Heap Analytics | 30 min | Analytics |
| www.bimeanalytics.com | Vimeo | Vimeo video player | 2 years | Functionality/Preference |
| www.bimeanalytics.com | Google Account – SSO | 6 months | Functionality/Preference | |
| www.bimeanalytics.com | Capterra | Conversion tracking | 30 min | Targeting/Advertising |
| www.bimeanalytics.com | Website Language | Language settings | 30 min | Functionality/Preference |
| www.bimeanalytics.com | popupHide | Determines if a user has accepted or rejected the demo request popup that appears after a certain time on the website | Session | Functionality/Preference |
| www.SimplifyReality.com | Gauge | DHigh level behavior tracking | 2 years | Functionality/Preference |
| www.SimplifyReality.com | Disqus | Visitor authentication for commenting and user reviews | 2 years | Essential |
| www.SimplifyReality.com | Twitter Advertising | Advertising | 1.5 years | Essential |
| www.SimplifyReality.com | Clearbit | Stores information on user in order to not display so many forms | Session | Functionality/Preference |
| www.SimplifyReality.com | Advertising vendor for remarketing | 1 year | Targeting/Advertising | |
| www.SimplifyReality.com | Marin Software | Advertising bidding platform | 1 year | Targeting/Advertising |
| www.SimplifyReality.com | Advertising Vendor | 180 days | Targeting/Advertising | |
| www.SimplifyReality.com | Yahoo Japan | Advertising Vendor | 30 days | Targeting/Advertising |
| www.SimplifyReality.com | Naver | Advertising Vendor | 6 months | Targeting/Advertising |
| www.SimplifyReality.com | homeType | Determines visitor type and stores which web content to display to visitor | Session | Functionality/Preference |
| www.SimplifyReality.com | _SimplifyReality_shared_session | Holds session information for sharing across SimplifyReality applications. | Session | Essential |
| www.SimplifyReality.com | _SimplifyReality_nps_session | Sessions for NPS. | Session | Functionality/Preference |
| www.SimplifyReality.com | _SimplifyReality_session | Hold session information for root access applications. | Session | Essential |
| www.SimplifyReality.com | _help_center_session | Sessions for Guide. | Session | Essential |
| www.SimplifyReality.com | _voice_session | Sessions for Voice. | Session | Functionality/Preference |
| www.SimplifyReality.com | _carson_container_session | Sessions for Carson. | Session | Targeting/Advertising |
| www.SimplifyReality.com | _SimplifyReality_remember_me | Preference for maintaining login sessions | 2 Weeks | Essential |
| www.SimplifyReality.com | _SimplifyReality_settings | Arbitrary, non-PII settings usually for preferences | 1 year | Functionality/Preference |
| www.SimplifyReality.com | _SimplifyReality_cookie | Arbitrary, non-PII settings usually for preferences | 20 years | Functionality/Preference |
| www.SimplifyReality.com | LiveIntent | Capture conversions on a cookie level to help automate campaigns and capture cookie information for SimplifyReality.com visitors. | 30 days | Targeting/Advertising |
| www.SimplifyReality.com | Bidtellect | Capture conversions on a cookie level to help automate campaigns and capture cookie information for SimplifyReality.com visitors. | 30 days | Targeting/Advertising |
| www.SimplifyReality.com | AdRoll | Capture conversions on a cookie level to help automate campaigns and capture cookie information for SimplifyReality.com visitors. | 30 days | Targeting/Advertising |
| www.SimplifyReality.com | Quantcast | Capture conversions on a cookie level to help automate campaigns and capture cookie information for SimplifyReality.com visitors. | 30 days | Targeting/Advertising |
| www.SimplifyReality.com | Simpli.fi | Tracking of anonymous user characteristics. | 2 years | Targeting/Advertising |
| www.SimplifyReality.com | 6sense | Tracking for A/B testing | 10 years | Analytics |
| www.SimplifyReality.com | Optimizely | Tracking for A/B testing | 10 years | Analytics |
| www.SimplifyReality.com | Pendo | End-User and Agent Usage DataEvent tracking to analyze use of the Service and improve the Services. to monitor behaviour | 2 years | Targeting/Advertising |
| www.SimplifyReality.com | Crazy Egg | Analytics Tool that gives us heat maps and click data | 5 years | Analytics |
| www.SimplifyReality.com | Eloqua | Marketing automation software | 1 year | Essential |
| www.SimplifyReality.com | Facebook Connect | Interaction between services | 2 year | Essential |
| www.SimplifyReality.com | Doubleclick | Re-targeting, optimization, reporting and attribution of online adverts | 2 Years | Targeting/Advertising |
| www.SimplifyReality.com | AppNexusAdvertising Vendor for prospecting | Advertising Vendor for prospecting | 2 Years | Targeting/Advertising |
| www.SimplifyReality.com | Google Adwords Conversion | Advertising pixel for prospecting and retargeting | 540 days | Targeting/Advertising |
| www.SimplifyReality.com | LiveRamp | Tracking of anonymous user characteristics | 180 days | Targeting/Advertising |
| www.SimplifyReality.com | Bing | Advertising vendor for search marketing | 2 years | Targeting/Advertising |
| www.SimplifyReality.com | Google Tag Manager | Traffic and visitor behavior measurement | 2 years | Analytics |
| www.SimplifyReality.com | Yandex Metrica | Advertising pixel to track conversions | 1 year | Targeting /Advertising |
| www.zopim.com | Wistia | Video Streaming | 10 years | Essential |
| www.zopim.com | Google Adwords Conversion | Advertising pixel to track conversions | 540 days | Targeting/Advertising |
| www.zopim.com | LiveRamp | Tracking of anonymous user characteristics | 180 days | Targeting/Advertising |
| www.zopim.com | Google Dynamic Remarketing | Advertising | 180 days | Targeting/Advertising |
| www.zopim.com | Facebook Business | Used for creating custom audience on Facebook for advertising purpose | 2 years | Targeting/Advertising |
| www.zopim.com | Facebook Impression | Advertising | 2 years | Targeting/Advertising |
| www.zopim.com & www.bimeanalytics.com |
Cloudflare | Control over cache of assets | 1 year | Essential |
The content of this Policy is for your general information and use only. These cookies are subject to change without notice. You acknowledge that this information may contain inaccuracies or errors and is subject to change and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
In addition to using cookies on our Websites as described above, we also use cookies and other tracking technologies in connection with your access to and use of the products and services which we market for subscription on our Websites (our “Services”).
If there are any material changes to this Policy, you will be notified by the posting of a prominent notice on our Websites prior to the change becoming effective. We encourage you to periodically review this page for the latest information on the Policy. Your continued use of the Websites constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of and access to the Websites.
Non-English translations of this Policy are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.
Effective: January 1, 2020 Welcome! We’re so happy you’re here, and we can't wait to deliver you food happiness, but before you use our Platform, please read these Terms of Use carefully.
Simplify Reality Holdings Inc. and its subsidiaries and affiliates (“Simplify Reality,” “we,” “our,” or “us”) own and operate certain websites, including related subdomains; our mobile, tablet and other smart device applications; application program interfaces; in-store kiosks or other online services; other tools, technology and programs (collectively, the “Platform”) and all associated services (collectively, the “Services”); in each case, that reference these Terms of Use. These Terms of Use do not cover or address certain end user services provided by our affiliates on behalf of its restaurant clients.
These Terms of Use (the “Agreement”) constitute a contract between you and us that governs your
access and use of the Platform and Services. What does that mean? It means that by accessing
and/or using the Platform or our Services, or by clicking a button or checking a box marked “I Agree”
(or something similar), you agree to all the terms and conditions of this Agreement. If you do not
agree, do not use the Platform or Services. As used in this Agreement, “you” means any visitor,
user, or other person who accesses our Platform or Services; whether or not such person registered
for an Account (as defined below). Unless otherwise agreed by Simplify Reality in a separate written
agreement with you or your authorized representative, the Platform is made available solely for your
personal, non-commercial use.
IMPORTANT: PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION SET FORTH BELOW
CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE ALL DISPUTES WITH SIMPLIFY
REALITY THROUGH BINDING INDIVIDUAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE
THAT YOU AND SIMPLIFY REALITY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOU WAIVE YOUR RIGHT TO
PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR
REPRESENTATIVE PROCEEDING AGAINST SIMPLIFY REALITY. BY ENTERING THIS
AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND
UNDERSTOOD, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS
IMPORTANT DECISION.
Simplify Reality is a virtual marketplace Platform that connects hungry diners with third-party service providers, including local restaurants and independent delivery service providers. You may order food through the Platform to be delivered from particular restaurants, including their authorized licensees and franchisees, or other purveyors of food in cities throughout the United States and other territories where Simplify Reality provides such Services (collectively, the “Restaurants”). Simplify Reality is not a restaurant or food preparation entity. The Restaurants available on our Platform operate independently of Simplify Reality. Restaurants are required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the preparation, sale, and marketing of food, including, without limitation, food preparation and safety and menu disclosure. Simplify Reality is not liable or responsible for Restaurants' food preparation or safety and does not verify their compliance with all applicable laws. In addition, Simplify Reality does not guarantee the quality of what the Restaurants sell, nor does it guarantee the services provided by them, including, without limitation, in those cases where they provide the delivery services or engage another third- party delivery service. Simplify Reality does not independently verify, and is not liable for, representations made by Restaurants regarding their food, including, without limitation, any menu- or Restaurant-level descriptors or disclosures. Simplify Reality is not a delivery company or a common carrier. Some deliveries are provided by Simplify Reality's network of independent delivery service providers (“Delivery Partners”). Delivery Partners have entered into agreements with Simplify Reality which require them to comply with all applicable federal, state, and local laws, rules and regulations, including, without limitation, traffic laws, requirements of the applicable motor vehicle agency, and applicable insurance requirements. By accessing the Platform, you agree and acknowledge that Delivery Partners are solely responsible for, and Simplify Reality shall not be liable or responsible for, the delivery services provided to you by any Delivery Partner or any subcontractors of Delivery Partners, or any acts, omissions, errors or misrepresentations made by any Delivery Partner.
You may only create and hold one account on each of the separately branded properties on the Platforms (each, an “Account”) for your personal use. You may have another Account if you are using the Platform for business purposes, including as part of an enterprise Account, pursuant to a separate agreement with Simplify Reality. In consideration of the use of the Platform and the Services, you agree that you are able to create a binding legal obligation with Simplify Reality, and you also agree to: (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current, and complete. The Platform may permit you to make purchases without an Account or without logging in to your Account (e.g. on our in-store kiosks). If you make a purchase in this manner, we may create an Account for you based on the information you provide to us in connection with the transaction (e.g., your payment information, name, phone number, email address, and other transaction information). If you are a minor in the jurisdiction in which you reside (generally under the age of 18), you must have the permission of, and be directly supervised by, your parent or legal guardian to use the Platform, and your parent or legal guardian must read and agree to this Agreement prior to your using the Platform. Notwithstanding the foregoing, you are not authorized to use the Platform or otherwise access the Services if you are under the age of 13. If you are using the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to this Agreement and you agree to be bound by this Agreement on behalf of that entity, organization, or company. If you provide any information that is untrue, inaccurate, not current or incomplete, including, without limitation, having an invalid or expired payment method on file, or if Simplify Reality has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Simplify Reality has the right to block your current or future use of the Platform and/or the Services (or any portion thereof) and/or terminate this Agreement with you. If your Account is cancelled for any or no reason, you may forfeit any pending, current, or future account credits, Perks (defined below) or other promotional offers, and any other forms of unredeemed value in or associated with your Account without prior notice to you. You are responsible for maintaining the confidentiality and security of your Account including your password and, if applicable, any password for Facebook, Google, or other third party login. You are also responsible for all activities or any other actions that occur under or that are taken in connection with your Account. You agree to: (a) immediately notify Simplify Reality of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including, without limitation, loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. Simplify Reality will not be liable for any injury, loss, or damage of any kind arising from or relating to your failure to comply with (a) and/or (b) or for any acts or omissions by you or someone else who is using your Account and/or password.
Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you place an order that includes any alcoholic beverage, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, as applicable, you shall present a government-issued identification card, evidencing your age, consistent with applicable legal requirements. You also agree that our Delivery Partners may withhold delivery of the alcoholic beverages if you appear or the recipient of the delivery appears intoxicated when receiving delivery of such products. If you do not comply with these terms, you agree that the alcoholic beverage(s) will not be released to you, and you may forfeit the cost of such beverages.
Certain features of the Platform, including, without limitation, the placing or receipt of orders, may require you to make certain payments, including commissions or other fees. When paid by you, these payments are final and non-refundable, unless otherwise determined by Simplify Reality. Simplify Reality, in its sole discretion, may offer credits or refunds on a case-by-case basis including, by way of example, in the event of an error with your order or in the amounts you were charged. Simplify Reality will charge, and you authorize Simplify Reality to charge, the payment method you specify at the time of purchase. If you pay any amounts with a credit card, Simplify Reality may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has credit available for your intended purchase. In the event Simplify Reality advances payment for any of your orders placed via the Platform (e.g., if you sign up for a corporate account), Simplify Reality may separately send you invoices for payment of those advanced amounts. In the event that you fail to pay such invoices within thirty (30) days of the date of such invoice (the “Payment Due Date”), you grant Simplify Reality the right, but not the obligation, to charge the credit card you provide with your Account at any time after any Payment Due Date, unless prohibited by law. Please note, you are unable to complete checkout with only gift card information. In all events, you are required to provide another form of payment to submit an order, even if this payment method is not charged. Also, if you are a campus user and you opt to pay for a purchase with your stored- value card, on certain campuses, (i) Simplify Reality will charge such purchase to your stored-value card and will charge any applicable fees to either your credit card or other payment on file with us, and (ii) you agree that Simplify Reality may be unable to refund a purchase to your stored-value card and may, in its discretion, provide a refund through an alternative method. Simplify Reality reserves the right to establish, remove, and/or revise prices, fees, taxes, and/or surcharges for any or all services or goods obtained through the use of the Services at any time, and further reserves the right to consolidate or otherwise incorporate fees and/or surcharges into the prices listed for restaurant food and beverage items. Simplify Reality may also, in its sole discretion, make Perks or other promotional offers with different features and different rates available to any or all of our users. Unless made available to you, these Perks and promotional offers will have no bearing on your obligation to pay the amounts charged. For more information on these offers, please see the “Perks” section below. The provider of Services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
With the exception of Your Content (defined below), the Platform and everything on it, including, without limitation, text, photos, videos, graphics and software, (collectively, the "Materials") is owned by or licensed to Simplify Reality. The Platform and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and/or other intellectual or proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Platform and except for the intellectual property of other companies that are displayed on the Platform, all intellectual property, such as trademarks, service marks, logos, trade dress, and trade names are proprietary to Simplify Reality, including, without limitation, SR; SIMPLIFY REALITY; fnb.SimplifyReality.com, srai.com, Order Genie, Simplify Reality for Restaurants; Order Genie for Restaurants. Simplify Reality.com, and Seamless.com trade dress. Accordingly, you are not authorized to download any content from the Platform, including, without limitation, the Materials, and if you do, Simplify Reality will not be responsible in any way for any damage to your computer system or loss of data that results from such download. Please also be advised that Simplify Reality enforces its intellectual property rights to the fullest extent of the law. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non- transferable, non-sublicensable, and revocable license to access and use the Platform for your personal and noncommercial use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Platform. Any other use of the Platform is strictly prohibited. Nothing contained on the Platform and/or Materials should be interpreted as granting to you any license or right to use any of the Materials (other than as provided herein) and/or third-party proprietary content on the Platform without the express written permission of Simplify Reality or the relevant third-party owner, as applicable. Any rights not expressly granted herein are reserved by Simplify Reality and Simplify Reality’s licensors.
By accessing the Platform or the Services, you agree:
You agree to comply with the above conduct requirements, and agree not assist or permit any person in engaging in any conduct that does not comply with the above conduct. Further, you agree that the consequences of commercial use or re-publication of Your Content or Materials from the Platform or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy, and that Simplify Reality will be entitled to temporary and permanent injunctive relief to prohibit such use or activity without the need to prove damages.
Simplify Reality may provide you with interactive opportunities (i) on the Platform, including, without limitation, features such as user ratings and reviews, saved favorites, liked items and bookmarked Restaurants, user profiles and pictures, as well as (ii) through other communications with you, including, without limitation, through text (“SMS”) or multimedia (“MMS”) messages (collectively, "Interactive Areas"). You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings, photographs and/or other materials and/or content that you submit, upload, post, publish, and/or otherwise make available to Simplify Reality through the Platform or otherwise in connection with your use of our Services, including, without limitation, information and materials provided or made available in connection with any Facebook, Google, or other third party login (“Your Content”). Your Content includes, without limitation, your username and/or other user profile information such as your ratings history and how long you have been a Simplify Reality diner, textual, visual, or audio content and information, whether transmitted via the Platform, SMS or MMS message, or otherwise.
You grant Simplify Reality an irrevocable, transferable, paid up, royalty-free, perpetual, non- exclusive worldwide sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and/or otherwise use Your Content in connection with Simplify Reality's or its partners’ or affiliates’ business and in all forms of media now known or hereafter invented (collectively, the “Uses”). The Uses include, without limitation, use of your username and/or other user profile information such as your ratings history and how long you have been a Simplify Reality diner, to attribute Your Content to you on the Platform, including in Interactive Areas and other public areas on our Platform, or otherwise in connection with our Services. All Uses will be made without notification to and/or approval by you and without the requirement of payment to you or any other person or entity. Further, if you provide any suggestions, input, or other feedback relating to the Platform or the Services we provide (collectively, the “Feedback”), Simplify Reality shall have the right to freely and fully exercise and exploit the Feedback in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to you. Accordingly, you hereby grant Simplify Reality a royalty- free, perpetual, irrevocable, transferable, sublicensable, worldwide, nonexclusive license to all rights necessary to incorporate and use the Feedback for any purpose. You further understand and agree that you may be exposed to third-party content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Simplify Reality and its parents, subsidiaries, affiliates, and each of their officers, directors, employees, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the "Released Parties") will not be responsible for, and you hereby expressly release the Released Parties from any and all liability for the action of any and all third parties with respect to Your Content, or for any damages you allege to incur as a result of or relating to any third-party content.
By transmitting Your Content, you agree to follow the standards of conduct below, and any additional standards that may be stated on the Platform. We expect your cooperation in upholding our standards. You are responsible for all of Your Content. You agree that Your Content will not:
We do our best to encourage civility and discourage disruptive communication on the Platform. We also do our best to discourage communications that incite others to violate our standards. Simplify Reality may monitor any and all use of the Platform, including, without limitation, interactions between our users; however, we are under no obligation to do so. We may manage the Platform in a manner intended to protect our property and rights and to facilitate the proper functioning of the Platform. If any of Your Content or conduct on our Platform violates our standards, or any other terms of this Agreement; or interferes with other peoples' enjoyment of the Materials or our Platform or Services; or is inappropriate in our judgment; we reserve the right, in our sole discretion and without notice to you, (i) to change, delete or remove, in part or in full, any of Your Content, and (ii) to terminate or suspend access to any Interactive Areas or any other part of our Platform. Simplify Reality will cooperate with local, state, and/or federal authorities to the extent required by applicable law in connection with Your Content.
The Platform and other Interactive Areas may allow you to rate (each, a “Rating”) and post reviews (each, a “Review”) of Restaurants. Such Ratings and Reviews are considered Your Content and are governed by the terms and conditions of this Agreement. Ratings and Reviews are not endorsed by Simplify Reality, and do not represent the views of Simplify Reality or of any affiliate or partner of Simplify Reality. Simplify Reality does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other aspects of Your Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the Restaurant within the 7-day period prior to your review; (2) you may not have a proprietary or other affiliation with either the Restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants' products, services, or conduct; and (4) your review must otherwise comply with the terms of this Agreement. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Platform may be removed or excluded by us without notice.
By voluntarily providing your cell phone number to Simplify Reality, you agree that Simplify Reality may contact you by telephone, SMS, or MMS messages at that phone number, and you hereby consent to receiving such communications for transactional, operational, or informational purposes. You understand and consent that such messages may be sent using an automatic telephone dialing system. You may unsubscribe from receiving text messages from Simplify Reality at any time. To revoke your consent to receiving SMS or MMS messages from Simplify Reality, please follow the unsubscribe procedures described below.
When placing orders through the Platform, you may receive two or more order status messages from Simplify Reality about each order. To unsubscribe from order-related messages, just reply "STOP" to the number sending the message. To resubscribe, text “START” to the same number from the phone number associated with your account. If you need assistance, text “HELP”. Please note that unsubscribing from one of the branded properties in our Platform will not automatically unsubscribe you from another separately branded property in our Platform. For example, if you unsubscribe from Simplify Reality order-related messages, you may still receive order-related messages when you place an order through Seamless, unless you also unsubscribe from Seamless order-related messages.
Additionally, you may receive messages from Simplify Reality following receipt of a completed order soliciting feedback and/or other information relating to the order. You may unsubscribe from all such feedback messages by replying "STOP" to the number sending the feedback messages. To resubscribe, text "START" to the number sending the feedback messages using the phone number associated with your account. Please note that unsubscribing from such feedback texts will not prevent you from receiving texts from Simplify Reality, the Restaurant, or your delivery person regarding your order or its delivery unless you also text "STOP" to the number sending the order- related messages, and even in such event, you may still receive individual texts from the Restaurant or your delivery person to enable successful delivery of your order.
You may also receive text messages in response to certain Customer Care requests. To unsubscribe from Customer Care messages, just reply to the message by texting “STOP” to the number sending the message.
If you unsubscribe from receiving text messages from Simplify Reality through the process described above, you may continue to receive text messages for a short period while Simplify Reality processes your request(s). If you change or deactivate the phone number you provided to Simplify Reality, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive Simplify Reality’s standard SMS or MMS messages unless you also unsubscribe via the above procedures.
Standard data and message rates may apply for SMS and MMS alerts, whether you send or receive such messages. Please contact your mobile phone carrier for details. Your mobile phone carrier (e.g. T-Mobile, AT&T, Verizon, etc.) is not liable for delayed or undelivered messages. If you require assistance, please call our Customer Care team at 1-877-585-7878.
We may make available software to access Simplify Reality’s websites, technology platforms, and related online and mobile services via a mobile device (“Mobile Applications”). To use any Mobile Application, you must use a mobile device that is compatible with that Mobile Application. Simplify Reality does not warrant that any Mobile Application will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Simplify Reality hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Account on a mobile device owned or leased solely by you, for your personal use. You acknowledge that Simplify Reality may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of any Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree to timely upgrade the Mobile Application in the event there is no automatic update. You further agree that the terms and conditions of this Agreement will apply to all upgrades to the Mobile Applications. Any third party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Simplify Reality or its third party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties, or obligations hereunder, except as expressly provided for in this Agreement, is void. Simplify Reality reserves all rights not expressly granted under this Agreement with respect to the Mobile Applications and otherwise. If any Mobile Application is being acquired on behalf of the United States Government, then the following provision applies: The Mobile Application will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR § 227.7202 and FAR § 12.212, as applicable. Any use, reproduction, release, performance, display, or disclosure of the Platform and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Applications originate in the United States, and are subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Platform.
The following applies to any Mobile Application you acquire from the Apple App Store (“Apple- Sourced Software”): You acknowledge and agree that this Agreement is solely between you and Simplify Reality, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price for the Apple-Sourced Software; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Simplify Reality as provider of the software. You acknowledge that Apple is not responsible for addressing any of your claims or those of any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Simplify Reality as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Simplify Reality, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Simplify Reality acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as it relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary as it relates to your license of the Apple-Sourced Software.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google- Sourced Software”): (i) you acknowledge that the Agreement is between you and Simplify Reality only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Simplify Reality, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Simplify Reality’s Google-Sourced Software.
THE PLATFORM, THE SERVICES, THE MATERIALS, AND ALL OTHER CONTENT ON THE PLATFORM ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE SERVICES, THE PLATFORM, THE MATERIALS AND ALL OTHER CONTENT ON THE PLATFORM, ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SIMPLIFY REALITY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, THE SERVICES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE PLATFORM WILL BE SECURE, UNINTERRUPTED, AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SIMPLIFY REALITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR ANY OTHER CONTENT ON THE PLATFORM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE SAFETY, QUALITY, AND/OR TIMING OF A DELIVERY ORDERED ON THE PLATFORM, AND/OR THE FOOD OR OTHER PRODUCTS DELIVERED. YOU (AND NOT SIMPLIFY REALITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE PLATFORM, THE SERVICES, THE MATERIALS, AND/OR OTHER CONTENT ON THE PLATFORM. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
SIMPLIFY REALITY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND SIMPLIFY REALITY'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SIMPLIFY REALITY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
SIMPLIFY REALITY RELIES UPON RESTAURANTS AND OTHER THIRD-PARTY FOOD AND BEVERAGE PROVIDERS TO PROVIDE ACCURATE ALLERGEN AND DIETARY INFORMATION AND GENERAL PRODUCT SAFETY. SIMPLIFY REALITY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, INCLUDING, WITHOUT LIMITATION, MENUS, NUTRITIONAL AND ALLERGEN INFORMATION, PHOTOS, FOOD QUALITY OR DESCRIPTIONS, PRICING, HOURS OF OPERATION, OR REVIEWS. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK, INCLUDING, WITHOUT LIMITATION, NUTRITIONAL AND ALLERGEN INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL SIMPLIFY REALITY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF SIMPLIFY REALITY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF A WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR OTHER ACTION THAT IN ANY MANNER ARISES OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH THE PLATFORM OR BY SIMPLIFY REALITY. SIMPLIFY REALITY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE PLATFORM. SIMPLIFY REALITY ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE PLATFORM, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO THIS PLATFORM, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN, OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL SIMPLIFY REALITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN WARRANTY, CONTRACT, OR TORT EXCEED (A) THE AMOUNT PAID BY YOU TO SIMPLIFY REALITY OR A SIMPLIFY REALITY RESTAURANT, IF ANY, OR (B) $1,000 (WHICHEVER IS LESS). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PROVIDED BY LAW.
YOU AND SIMPLIFY REALITY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND SIMPLIFY REALITY AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE FAIR AND REASONABLE. EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THESE TERMS OF USE DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW: (A) THE DISCLAIMER OF LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY PUNITIVE DAMAGES ACT, NEW JERSEY PRODUCTS LIABILITY ACT, NEW JERSEY UNIFORM COMMERCIAL CODE, AND NEW JERSEY CONSUMER FRAUD ACT); (B) THE LIMITATION ON LIABILITY FOR LOST PROFITS OR LOSS OR MISUSE OF ANY DATA (FOR EXAMPLE, TO THE EXTENT UNENFORCEABLE UNDER THE NEW JERSEY IDENTITY THEFT PROTECTION ACT AND NEW JERSEY CONSUMER FRAUD ACT); (C) APPLICATION OF THE LIMITATIONS OF LIABILITY TO THE RECOVERY OF DAMAGES THAT ARISE UNDER CONTRACT AND TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY (FOR EXAMPLE, TO THE EXTENT SUCH DAMAGES ARE RECOVERABLE BY A CONSUMER UNDER NEW JERSEY LAW, INCLUDING, WITHOUT LIMITATION, THE NEW JERSEY PRODUCTS LIABILITY ACT); AND (D) THE NEW YORK GOVERNING LAW PROVISION (FOR EXAMPLE, TO THE EXTENT THAT YOUR RIGHTS AS A CONSUMER RESIDING IN NEW JERSEY ARE REQUIRED TO BE GOVERNED BY NEW JERSEY LAW).
The Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions ("Third Party Websites"). Simplify Reality does not review, monitor, operate and/or control the Third Party Websites and Simplify Reality makes no guarantees, representations, and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Simplify Reality is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access to and/or use of the Third Party Websites, including, without limitation, providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Simplify Reality reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.
Your use of the Platform is subject to any and all additional terms, policies, rules, or guidelines applicable to the Services or certain features of the Platform that we may post or link to on the Platform (collectively, the "Additional Terms"), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions, or content on the Platform, including, without limitation, the Google Maps/Google Earth Additional Terms of Service located at https://maps.google.com/help/terms_maps.html and the Google Privacy Policy located at https://www.google.com/intl/ALL/policies/privacy/index.html. All such Additional Terms are hereby incorporated into this Agreement by reference.
By participating in perks, which includes all promotions, discounts, coupons or loyalty programs available on the Platform (collectively, “Perks”), you agree to this Agreement and the additional Perks Terms of Use.
Please note, we may also give you the option on the Platform to register with a specific Restaurant’s promotional or loyalty programs that are not operated by or associated with Simplify Reality or Perks. If you do register with the Restaurant’s promotional or loyalty program, you understand that you may be required to agree to additional terms and conditions provided by the Restaurant and/or you may be directed to a Third Party Website. You also understand that you will need to contact the Restaurant separately if you have any questions regarding your participation in their promotional or loyalty program and/or cancellation of your account with them directly. Simplify Reality does not own, operate or otherwise control such separate Restaurant promotional or loyalty programs and therefore shall have no liability for those separate programs, including without limitation your participation therein.
By electing to make a Donation (defined in the Donate the Change Terms of Use) and participating in the Simplify Reality Donate the Change program, you agree to this Agreement and the additional Donate the Change Terms of Use.
The terms and conditions of the Privacy Policy are incorporated into this Agreement by reference.
Simplify Reality respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Platform or a website through which our Services may be accessed in a way that constitutes copyright infringement, please provide Simplify Reality's Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
Please send this notification to our copyright agent at: Simplify Reality Holdings Inc., Attention: Copyright Agent, 111 West Washington Street, Suite 2100, Chicago, Illinois 60602.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Simplify Reality and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Simplify Reality’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Simplify Reality has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. Simplify Reality may also in its sole discretion limit access to the Platform, the Services and/or terminate the Accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Further, Simplify Reality reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Platform and/or Services offered on or through the Platform (or any part thereof), including but not limited to the Platform's features, look and feel, and functional elements and related Services. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate this Agreement at any time by closing your Account, uninstalling all Mobile Application(s) (if applicable) and ceasing use of the Platform and Services provided herein.
Upon termination of this Agreement for any reason or no reason: (i) your access rights will terminate and you must immediately cease all use of the Platform and Services; and (ii) any provision of this Agreement that contemplates or governs performance or observance subsequent to termination of this Agreement will survive the termination of this Agreement, including without limitation the following sections: (i) “Your Content and Conduct;” (ii) “Disclaimer;” (iii) “Limitation of Liability;” (iv) “Important Note to New Jersey Consumers;” (v) “Termination and Violations of this Agreement;” (vi) “Dispute Resolution;” and (vii) “Waiver and Severability.”
Simplify Reality reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including, without limitation, the right to block access to the Platform and/or Services from a particular account, device and/or IP address.
You may not assign or transfer this Agreement or your rights under this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign this Agreement in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be null and void.
We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it and the most current version of this Agreement will always be posted under the "Terms of Use" link available on our Platform ("Updated Terms"). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Platform and/or Services after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Platform and/or accessing the Services. Any disputes under this Agreement will be governed by the version of Agreement in effect at the time of the first event which gave rise to the dispute.
You acknowledge and agree that your access to and/or use of the Platform, the Services, the Materials, and other content on the Platform is subject to all applicable international, federal, state, and local laws and regulations. The terms, conditions, and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
You agree that all claims, disputes, or disagreements that may arise out of the interpretation or performance of this Agreement or payments by or to Simplify Reality, or that in any way relate to your use of the Platform, the Materials, the Services, and/or other content on the Platform or any other dispute with Simplify Reality, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court for disputes and actions within the scope of such court’s jurisdiction and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and Simplify Reality are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Simplify Reality otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement must be brought within one year of its accrual or it will be waived. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, as well as all threshold arbitrability issues, including whether this Dispute Resolution provision is unconscionable and any defense to arbitration.
The arbitration will be administered by the American Arbitration Association ("AAA"). Except as modified by this “Dispute Resolution” provision, the AAA will administer the arbitration in accordance with either (A) the Commercial Arbitration Rules then in effect, or (B) the Consumer Arbitration Rules then in effect if the matter involves a “consumer” agreement as defined by Consumer Arbitration Rule R-1 (together, the "Applicable AAA Rules").(The Applicable AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this entire “Dispute Resolution” provision.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Applicable AAA Rules. (The AAA provides applicable forms for Demands for Arbitration https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consum er Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://www.adr.org/sites/default/files/AAA%20Affidavit%20for%20Waiver%20of%20Fees%20Noti ce%20California%20Consumers.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected in accordance with the Applicable AAA Rules. If the parties are unable to agree upon an arbitrator within fourteen (14) days of the AAA’s notice to the parties of its receipt of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and Simplify Reality otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Simplify Reality submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the Applicable AAA Rules. Subject to the Applicable AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the Applicable AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages or other relief for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide the relief warranted by the claimant's individual claim. If the arbitrator determines that you are the prevailing party in the arbitration, and only if authorized under applicable law, the arbitrator may award reasonable attorneys' fees and expenses. Simplify Reality will not seek, and hereby waives, all rights Simplify Reality may have under applicable law to recover attorneys' fees and expenses if Simplify Reality prevails in arbitration unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the Applicable AAA Rules. However, if your claim for damages does not exceed $25,000, Simplify Reality will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Simplify Reality reserves the right to change this "Dispute Resolution" section, but any such changes will not apply to disputes arising before the effective date of such amendment. Notwithstanding the provisions of the modification-related provisions above, if Simplify Reality changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Platform after such change will be deemed acceptance of those changes. If you do not agree to such change, you may reject any such change by providing Simplify Reality written notice of such rejection by mail or hand delivery to: Simplify Reality, Attn: Dispute Resolutions, 11937 Gorham Ave # 4, Los Angeles, CA 90049, or by email from the email address associated with your account to: Hello@SimplifyReality.com, within 30 days of the date such change became effective, as indicated in the "Effective" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Simplify Reality in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement, as applicable).
Any waiver by Simplify Reality of any term of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible except that in the event of unenforceability of the class action waiver, the entire arbitration agreement shall be unenforceable. The remainder of this Agreement shall continue to be enforceable and valid according to the terms contained herein.
This Agreement, together with any amendments and any additional agreements you may enter into with Simplify Reality in connection with the Platform and the Services hereunder, shall constitute the entire agreement between you and Simplify Reality concerning the Platform and the Services hereunder
If you have any questions regarding this Agreement, please visit our "Contact Us" page for answers and our contact information.